THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


IN  MEMORY  OF 

PROFESSOR 
EUGENE  I.  McCORMAC 


SELECT   STATUTES 

AND  OTHER  DOCUMENTS 

ILLUSTRATIVE  OF  THE 

HISTORY   OF   THE    UNITED   STATES 
1861-1898 


SELECT    STATUTES 

AND  OTHER  DOCUMENTS 


ILLUSTRATIVE  OF  THE 


HISTORY  OF  THE  UNITED  STATES 

1861-1898 


EDITED    WITH  NOTES 
BY 

WILLIAM    MACDONALD 

PROFESSOR  OF   HISTORY  IN  BROWN   UNIVERSITY 


gorfc 
THE   MACMILLAN   COMPANY 

LONDON:  MACMILLAN  &  CO.,  LTD. 
1909 

All  rights  reserved 


COPYRIGHT,   1903, 
BY  THE  MACMILLAN  COMPANY. 


Set  up  and  electrotyped.    Published  October,  1903.     Reprinted 
October,  1909. 


Norwood  Prest 

J.  5.  Cutting  Co.  —  Berwick  &  Smith  Co. 
Norwood,  Mass.,  U.S.A. 


PREFACE 

THIS  volume  completes  the  series  of  which  my  "  Select  Char 
ters  "  and  "  Select  Documents  "  form  the  other  two  parts.  In 
attempting  to  bring  together,  in  an  orderly  and  consistent  pres 
entation,  the  chief  constitutional  documents  of  the  period  from 
1 86 1  to  1898,  I  have  followed,  as  far  as  practicable,  the  prin 
ciples  which  governed  in  the  making  of  the  "  Select  Docu 
ments,"  and  which  are  stated  in  the  preface  to  that  volume. 
The  wealth  of  material  and  the  great  length  of  many  of  the 
documents  have  compelled  a  rigorous  exclusion  of  whatever  it 
seemed  possible  to  spare.  I  have  thought  it  better,  however,  to 
omit  entire  classes  of  documents  —  for  example,  those  relating 
to  the  public  lands — rather  than  to  give  a  topic,  however  impor 
tant,  only  a  fragmentary  representation.  I  shall  hope  that  the 
volume  may  make  easier  the  systematic  study  of  the  period  of 
which  it  treats. 

I  have  to  express  my  obligations  to  Professor  William  A. 
Dunning  of  Columbia  University  and  Professor  Charles  H. 
Hull  of  Cornell  University  for  helpful  advice  and  sugges 
tions.  To  Dr.  William  Jones  of  Brown  University  I  am 
indebted  for  the  compilation  of  much  of  the  data  embodied  in 
the  introductory  notes. 


WILLIAM  MACDONALD. 


PROVIDENCE,  R.I., 
October,  1903. 


Contents 


NUMBER  FACE 

1.  Call  for  75,000  Volunteers.     April  15,  1861    .        ,        «        »        .  I 

2.  Proclamation  declaring  a  Blockade  of  Southern  Ports.     April  19, 

1861 3 

3.  Act  for  the  Collection  of  Duties.    July  13,  1 86 1     .        .        .        .  -(4 

4.  Act  for  a  National  Loan.     July  17,  1861         .      .V       .     '    *        w  9 

5.  Act  authorizing  the  Employment  of  Volunteers.    July  22,  1861      .  12 

6.  Resolution  on  the  Nature  and  Object  of  the  War.     July  22,  1861  .  14 

7.  Indemnity  for  State  War  Expenses.     July  27,  1861         ...  15 

8.  Act  for  calling  out  the  Militia.     July  29,  1861         ....  15 

9.  Act  to  define  and  punish  certain  Conspiracies.     July  31,  1861         .  17 
IO.  Supplementary  National  Loan  Act.     August  5,  1861  18 
n.  Confiscation  Act.     August  6,  1 86 1          '.       Y   '    ....  20 

12.  Act   authorizing  the   Seizure  of  Railroad  and  Telegraph  Lines. 

January  31,  1862      .        .        .        ;        .....  22 

13.  Act  prohibiting  the  Coolie  Trade.     February  19,  1862  .        .,       .  24 

14.  Act  authorizing  the  Issue  of  Legal  'Tender  Notes.     February  25, 

1862  .        .        .•'*-•«        .        .                t-       .         .  27 

15.  Act  for  an  Additional  Article  of  War.     March  13,  1862  .        .  31 

16.  Act  authorizing  further  Purchase  of  Coin.     March  17,  1862   .        .  32 

17.  Joint  Resolution  on  Compensated  Emancipation.     April  10,  1862  .  34 

1 8.  Act  abolishing  Slavery  in  the  District  of  Columbia.     April  16,  1862  35 

19.  Collection  of  Direct  Taxes  in  Insurrectionary  States.     June  7, 1862  39 

20.  Abolition  of  Slavery  in  the  Territories.     June  19,  1862  ...  42 

21.  Anti-Polygamy  Act.     July  I,  1862 43 

22.  Oath  of  Office.     July  2,  1862 45 

23.  Election  of  Representatives  by  Districts.     July  14,  1862          .        .  47 

24.  Confiscation  Act.     July  17,  1862 48 

25.  Act  to  authorize  Payments  in  Stamps.     July  17,  1862     ;        .        •  53 

26.  Militia  Act.     July  17,  1862 54 

27.  Act  admitting  West  Virginia.     December  31,  1862         .         .        .  56 

28.  Emancipation  Proclamation.     January  I,  1863  59 

vii 


viii  CONTENTS 

NUMBER  PAGE 

29.  Act  to  punish  Correspondence  with  Rebels.     February  25,  1863     .      61 

30.  Act  to  provide  Ways  and  Means  for  the  Support  of  the  Govern 

ment.     March  3,  1863     .  62 

31.  Enrolment  Act.     March  3,  1863 68 

32.  Act  relating  to  Habeas  Corpus.     March  3,  1863     .        .        .  75 

33.  Act  for  the  Collection  of  Abandoned  Property.     March  3,  1863     .       79 

34.  Resolution  against  Foreign  Mediation.     March  3,  1863  .        .       81 

35.  Proclamation  of  Amnesty.     December  8,  1863        .        .       -.        .85 

36.  Supplementary  Enrolment  Act.     February  24,  1864       .        .        .      88 

37.  National  Bank  Act.     June  3,  1864          •.        .        .        «,        •  •      •      93 

38.  Repeal  of  the  Fugitive  Slave  Law.    June  28,  1864         .        .        .     113 

39.  Intercourse  with  Insurrectionary  States.    July  2,  1864    .        ,        .114 

40.  Enrolment  Act.     July  4,  1864         .        »        •        ».      •        .         •     JI7 

41.  Act  to  encourage  Immigration.     July  4,  1864          „        »        »        .     120 

42.  Proclamation  regarding  Reconstruction.     July  8,  1864   .        .        .122 

43.  Electoral  Count.     February  8,  1865        .        .        .        ...     128 

44.  Freedmen's  Bureau.     March  3,  1865       •  •    .   »        »        .        »        .129 

45.  Freedom  for  Soldiers'  Families.     March  3,  1865     .        .        .        .132 

46.  Proclamation  of  Amnesty.     May  29,  1865       .        .        .        .        .133 

47.  Proclamation  appointing  a  Governor  for  North  Carolina.     May  29, 

1865 .        .        .     135 

48.  Thirteenth  Amendment.     December  18,  1865         .        .        .        .138 

49.  Proclamation  declaring  the  Insurrection  at  an  End.     April  2,  1866     139 

50.  First  Civil  Rights  Act.     April  9,  1866 .141 

51.  Supplementary  Freedmen's  Bureau  Act.     July  16,  1866          .        .     147 

52.  Restoration  of  Tennessee.     July  24,  1866 151 

53.  Election  of  Senators.     July  25,  1866 "152 

54.  Franchise  in  the  District  of  Columbia.     January  8,  1867         .        .154 

55.  Elective  Franchise  in  the  Territories.     January  31,  1867         .        .     155 

56.  First  Reconstruction  Act.     March  2,  1867 156 

57.  Tenure  of  Office  Act.     March  2,  1867 160 

58.  Act  of  Indemnity.     March  2,  1867 164 

59.  Command  of  the  Army.     March  2,  1867 166 

60.  Abolition  of  Peonage.     March  2,  1867 168 

61.  Payments  to  Disloyal  Persons.     March  2,  1867       .        .        .        .169 

62.  Second  Reconstruction  Act.     March  23,  1867         .        .        .        .170 

63.  Treaty  with  Russia  for  the  Cession  of  Alaska.     March  30,  1867      .     174 

64.  Third  Reconstruction  Act.     July  19,  1867 179 

65.  Act  suspending  Reduction  of  the  Currency.     February  4,  1868       .     183 

66.  Articles  of  Impeachment.     March  2-3,  1868 184 

67.  Fourth  Reconstruction  Act.     March  n,  1868          .        .        .        .198 


CONTENTS  ix 

NUMBER  PAGE 

68.  Act  admitting  Arkansas  to  Representation  in  Congress.    June  22, 

1868        .    ,    .    .    ^ 199 

69.  Act  admitting  North  Carolina,  South  Carolina,  Louisiana,  Georgia, 

Alabama,  and  Florida  to  Representation  in  Congress.    June 

25,  1868  . .         .  201 

70.  Eight-hour  Law.    June  25,  1868    .^ 203 

71.  Oath  of  Office.    July  11,  1868         .        .        .        .        .        .        .204 

72.  Joint  Resolution  excluding  Electoral  Votes  of  the  Late  Rebellious 

States.    July  20,  1868      .        .        .        ...        .        .  205 

73.  Rights  of  American  Citizens  in  Foreign  States.    July  27,  1868        .  206 

74.  Fourteenth  Amendment  to  the  Constitution.     July  28,  1868  .         .  208 

75.  Proclamation  granting  Full  Amnesty.     December  25,  1868     .         .211 

76.  Provisional  Governments  of  Virginia,  Texas,  and  Mississippi.     Feb 

ruary  18,  1869 *        .        .        .  213 

77.  Extradition  Act.     March  3,  1869 214 

78.  Act  to  strengthen  the  Public  Credit.     March  18,  1869    .         .        .215 

79.  Equal  Rights  in  the  District  of  Columbia.     March  1 8,  1869    .         .  216 

80.  Amended  Tenure  of  Office  Act.     April  5,  1869       .         .         .        .217 

81.  Submission  of  the  Constitutions  of  Virginia,  Mississippi,  and  Texas. 

April  10,  1869          .        .        ».        • 2I9 

82.  Reconstruction  of  Georgia.     December  22,  1869    .         .        .         .221 

83.  Admission  of  Virginia  to  Representation  in  Congress.     January 

26,1870 *   .    «,        ...»       v        .  224 

84.  Fifteenth  Amendment  to  the  Constitution.     March  30,  1870  .         .  226 

85.  Act  to  enforce  the  Fifteenth  Amendment.     May  31,  1870       .         .  227 

86.  Redemption  and  Bank  Note  Act.    July  12,  1870    .,      ,.      .        .  235 

87.  Naturalization  Act.     July  14,  1870      ;    ..'*;.'  v     :'y> .••';/.     .  238 

88.  Act  for  refunding  the  National  Debt.     July  14,  1870      .         .         .  242 

89.  Act  for  the  Restoration  of  Georgia.     July  15,  1870         .         .         .  246 

90.  San  Domingo  Commissioners.     January  12,  1871    ....  247 

91.  Supplementary  Act  to  enforce  the  Fifteenth  Amendment.   February 

28,  1871 249 

92.  Act  to  enforce  the  Fourteenth  Amendment.     April  20,  1871  .         .  262 

93.  Treaty  of  Washington.     May  8,  1871 268 

94.  Act  removing  Political  Disabilities.     May  22,  1872         .         .         .  290 

95.  Supplementary  Federal  Election  Law.     June  10,  1872   .         .         .  291 

96.  Coinage  Act.     February  12,  1873   .         .         .     ,    .        .        .         .  294 

97.  Act  regarding  United  States  Notes  and  National  Bank  Currency. 

June  20,  1874 .         .         .  296 

98.  Resumption  of  Specie  Payments.     January  14,  1875        •         •         •  3O1 

99.  Civil  Rights  Act.     March  i,  1875 303 


X  CONTENTS 

NUMBER  PAGE 

100.  Joint  Resolution  for  the  Issue  of  Silver  Coin.     July  22,  1876         .  306 

101.  Electoral  Count  Act.     January  29,  1877        .         .         .         .         .  308 

102.  Coinage  of  the  Standard  Silver  Dollar.     February  28,  1878           .  313 

103.  Act  forbidding  the  further  Retirement  of   Legal  Tender  Notes. 

May  31,  1878 316 

104.  Use  of  the  Army  at  the  Polls.     May  4,  1880          .         .        .        .317 

105.  Purchase  of  Bonds.     March  3,  j88i 318 

106.  Anti-Polygamy  Act.     March  22,  1882 319 

107.  Act  restricting  Chinese  Immigration.     May  6,  1882      .         .        .  323 

108.  National  Bank  Circulation,  Bonds,  and  Gold  Certificates.    July 

12,  1882 328 

109.  Civil  Service  Act.     January  16,  1883     .         .         .         .        .         .  332 

no.  Contract  Labor  Act.     February  26,  1885       .         .        .        ,        .  339 

111.  Presidential  Succession  Act.     January  19,  1886     ....  342 

112.  Act  prohibiting  Special  Laws  in  the  Territories.     July  30,  1886   .  344 

113.  Electoral  Count  Act.     February  3,  1887        .        •        ,       .+  .     .  347 

114.  Interstate  Commerce  Act.     February  4,  1887        ....  352 

115.  Allotment  of  Lands  in  Severally  to  Indians.     February  8,  1887    •  372 

116.  Ownership  of  Real  Estate  in  the  Territories.     March  3,  1887        .  377 

117.  Retirement  of  the  Trade  Dollar.     March  3,  1887          .      ,.'       .  379 

118.  Anti-Polygamy  Act.     March  3,  1887     ....       M        .        ..-..      .  380 

119.  Chinese  Exclusion  Act.     September  13,  1 888         ....  389 

120.  Anti-Trust  Act.     July  2,  1890 395 

121.  Silver  Purchase  Act.     July  14,  1890 397 

122.  "  Original  Package "  Act.     August  8,  1890 401 

123.  Anti-Lottery  Act.     September  18,  1890 402 

124.  Immigration  and  Contract  Labor.     March  3,  1891        .        .        .  405 

125.  Repeal  of  the  Silver  Purchase  Act  of  1890.     November  I,  1893    •  411 

126.  President  Cleveland's  Venezuelan  Message.     December  17,  1895  4J3 

127.  Alien  Ownership  of  Real  Estate  in  the  Territories.     March  2,  1897  419 

128.  Recognition  of  the  Independence  of  Cuba.     April  20,  1898          .  422 

129.  Declaration  of  War.     April  25,  1898 424 

130.  Annexation  of  the  Hawaiian  Islands.     July  7,  1898       .        .        .  426 

131.  Treaty  of  Paris.     December  10,  1898    ......  429 


SELECT   STATUTES 

AND  OTHER  DOCUMENTS 

ILLUSTRATIVE  OF  THE 

HISTORY   OF  THE   UNITED   STATES 
1861-1898 


Select  Statutes 

And  Other  Documents  Illustrative  of  the 

History  of  the   United   States 


No.   i.     Call  for  75,000  Volunteers 

April  15,  1 86 1 

THE  proclamation  of  April  15  was  issued,  under  authority  of  the  act  of 
February  28,  1795,  the  day  after  the  fall  of  Fort  Sutnter.  The  call  on  the 
governors  of  the  States  was  made  through  the  War  Department.  May  3  a 
further  call  for  42,034  volunteers  to  serve  for  three  years,  together  with  an 
order  for  the  increase  of  the  regular  army  and  the  enlistment  of  seamen,  was 
issued,  the  action  of  the  President  being  legalized  by  an  act  of  August  6.  An 
act  of  February  24,  1864,  authorized  the  President  to  call  whenever  necessary 
for  such  number  of  volunteers  as  might  be  required. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XII,  1258.  Correspond 
ence  with  the  governors  is  in  the  War  Records,  Series  III,  Vol.  I,  pp.  68  seq. 
For  comments  of  the  press  see  Moore,  Rebellion  Record,  I,  64-69  of  docu 
ments.  See  also  Nicolay  and  Hay,  Lincoln,  I,  254-258. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA: 

A  PROCLAMATION. 

WHEREAS  the  laws  of  the  United  States  have  been,  for  some  time 
past,  and  now  are  opposed,  and  the  execution  thereof  obstructed, 
in  the  States  of  South  Carolina,  Georgia,  Alabama,  Florida,  Missis 
sippi,  Louisiana,  and  Texas,  by  combinations  too  powerful  to  be 
suppressed  by  the  ordinary  course  of  judicial  proceedings,  or  by 
the  powers  vested  in  the  marshals  by  law : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  President  of  the 
United  States,  in  virtue  of  the  power  in  me  vested  by  the  Consti 
tution  and  the  laws,  have  thought  fit  to  call  forth,  and  hereby  do 


2  CALL  FOR  VOLUNTEERS  [April  15 

call  forth,  the  militia  of  the  several  States  of  the  Union,  to  the 
aggregate  number  of  seventy-five  thousand,  in  order  to  suppress 
said  combinations,  and  to  cause  the  laws  to  be  duly  executed. 

The  details  for  this  object  will  be  immediately  communicated  to 
the  State  authorities  through  the  War  Department. 

I  appeal  to  all  loyal  citizens  to  favor,  facilitate,  and  aid  this  effort 
to  maintain  the  honor,  the  integrity,  and  the  existence  of  our 
National  Union,  and  the  perpetuity  of  popular  government ;  and 
to  redress  wrongs  already  long  enough  endured. 

I  deem  it  proper  to  say  that  the  first  service  assigned  to  the 
forces  hereby  called  forth  will  probably  be  to  repossess  the  forts, 
places,  and  property  which  have  been  seized  from  the  Union ;  and 
in  every  event,  the  utmost  care  will  be  observed,  consistently  with 
the  objects  aforesaid,  to  avoid  any  devastation,  any  destruction 
of,  or  interference  with,  property,  or  any  disturbance  of  peaceful 
citizens  in  any  part  of  the  country. 

And  I  hereby  command  the  persons  composing  the  combina 
tions  aforesaid  to  disperse,  and  retire  peaceably  to  their  respective 
abodes  within  twenty  days  from  this  date. 

Deeming  that  the  present  condition  of  public  affairs  presents  an 
extraordinary  occasion,  I  do  hereby,  in  virtue  of  the  power  in  me 
vested  by  the  Constitution;  convene  both  Houses  of  Congress. 
Senators  and  Representatives  are  therefore  summoned  to  assemble 
at  their  respective  chambers,  at  twelve  o'clock,  noon,  on  Thursday, 
the  fourth  day  of  July  next,  then  and  there  to  consider  and  deter 
mine  such  measures  as,  in  their  wisdom,  the  public  safety  and 
interest  may  seem  to  demand. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  fifteenth  day  of  April, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
LLt  S'-J     sixty-one,  and  of  the  Independence  of  the  United  States 
the  eighty-fifth. 

ABRAHAM   LINCOLN. 

By  the  President : 

WILLIAM  H.  SEWARD,  Secretary  of  State. 


i86i]  PROCLAMATION  OF  BLOCKADE  OF  SOUTHERN  PORTS     3 

No.  2.     Proclamation  declaring  a  Blockade  of 
Southern  Ports 

April  19,  1 86 1 

IN  response  to  the  proclamation  of  April  15,  calling  for  75,000  volunteers, 
Jefferson  Davis,  as  president  of  the  Confederate  States,  issued,  on  April  17,  a 
proclamation  inviting  applications  for  letters  of  marque  and  reprisal.  The 
proclamation  declaring  a  blockade  of  Southern  ports  was  issued  in  rejoinder. 
By  a  further  proclamation  of  April  27,  the  blockade  was  extended  to  the  ports 
of  Virginia  and  North  Carolina. 

REFERENCES. —  Text  ID.  U.S.  Statutes  at  Large,  XII,  1258,  1259.  Davis's 
proclamation  is  in  Moore,  Rebellion  Record,  I,  71  of  documents.  The  proc 
lamation  was  upheld  in  the  Prize  Cases,  2  Black,  635. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA  : 

A   PROCLAMATION. 

WHEREAS  an  insurrection  against  the  Government  of  the  United 
States  has  broken  out  in  the  States  of  South  Carolina,  Georgia, 
Alabama,  Florida,  Mississippi,  Louisiana,  and  Texas,  and  the  laws 
of  the  United  States  for  the  collection  of  the  revenue  cannot  be 
effectually  executed  therein  conformably  to  that  provision  of  the 
Constitution  which  requires  duties  to  be  uniform  throughout  the 
United  States : 

And  whereas  a  combination  of  persons,  engaged  in  such  insur 
rection,  have  threatened  to  grant  pretended  letters  of  marque  to 
authorize  the  bearers  thereof  to  commit  assaults  on  the  lives,  ves 
sels,  and  property  of  good  citizens  of  the  country  lawfully  engaged 
in  commerce  on  the  high  seas,  and  in  waters  of  the  United  States  : 

And  whereas  an  Executive  Proclamation  has  been  already  issued, 
requiring  the  persons  engaged  in  these  disorderly  proceedings  to 
desist  therefrom,  calling  out  a  militia  force  for  the  purpose  of 
repressing  the  same,  and  convening  Congress  in  extraordinary 
session  to  deliberate  and  determine  thereon : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  President  of  the 
United  States,  with  a  view  to  the  same  purposes  before  mentioned, 


4  ACT  FOR  THE  COLLECTION  OF  DUTIES          [July  13 

and  to  the  protection  of  the  public  peace,  and  the  lives  and  prop 
erty  of  quiet  and  orderly  citizens  pursuing  their  lawful  occupations, 
until  Congress  shall  have  assembled  and  deliberated  on  the  said 
unlawful  proceedings,  or  until  the  same  shall  have  ceased,  have 
further  deemed  it  advisable  to  set  on  foot  a  blockade  of  the  ports 
within  the  States  aforesaid,  in  pursuance  of  the  laws  of  the  United 
States  and  of  the  law  of  nations  in  such  case  provided.  For  this 
purpose  a  competent  force  will  be  posted  so  as  to  prevent  entrance 
and  exit  of  vessels  from  the  ports  aforesaid.  If,  therefore,  with  a 
view  to  violate  such  blockade,  a  vessel  shall  approach,  or  shall 
attempt  to  leave  either  of  the  said  ports,  she  will  be  duly  warned 
by  the  commander  of  one  of  the  blockading  vessels,  who  will  in 
dorse  on  her  register  the  fact  and  date  of  such  warning,  and  if  the 
same  vessel  shall  again  attempt  to  enter  or  leave  the  blockaded 
port,  she  will  be  captured  and  sent  to  the  nearest  convenient  port, 
for  such  proceedings  against  her  and  her  cargo  as  prize,  as  may  be 
deemed  advisable. 

And  I  hereby  proclaim  and  declare  that  if  any  person,  under  the 
pretended  authority  of  the  said  States,  or  under  any  other  pretence, 
shall  molest  a  vessel  of  the  United  States,  or  the  persons  or  cargo 
on  board  of  her,  such  person  will  be  held  amenable  to  the  laws  of 
the  United  States  for  the  prevention  and  punishment  of  piracy. 


No.   3.     Act  for  the  Collection  of  Duties 

July  13,   1861 

IN  his  report  of  July  4,  1861,  the  Secretary  of  the  Treasury,  Chase,  called 
the  attention  of  Congress  to  the  fact  that  "  at  the  ports  of  several  States  of 
the  Union  the  collection  of  lawful  duties  on  imports  has  been  forcibly  ob 
structed  and  prevented  for  several  months  ;  "  and  the  draft  of  a  bill  "  to  pro 
vide  for  the  collection  of  duties  on  imports  "  was  submitted.  A  bill  for  the 
purpose  was  reported  by  the  House  Committee  on  Commerce  July  9,  and 
the  next  day,  by  a  vote  of  136  to  10,  was  read  a  third  time  and  passed.  The 
bill  passed  the  Senate  with  only  a  verbal  amendment  on  the  I2th,  by  a  vote 
of  36  to  6,  and  on  the  I3th  the  act  was  approved.  In  conformity  with  the 


i86i]  ACT  FOR  THE  COLLECTION  OF  DUTIES  5 

provisions  of  section  five  of  the  act,  President  Lincoln,  on  August  16,  issued  a 
proclamation  declaring  the  inhabitants  of  Georgia,  South  Carolina,  Virginia, 
North  Carolina,  Tennessee,  Alabama,  Louisiana,  Texas,  Arkansas,  Mississippi, 
and  Florida,  "  except  the  inhabitants  of  that  part  of  the  State  of  Virginia 
lying  west  of  the  Alleghany  mountains,  and  of  such  other  parts  of  that  State 
and  the  other  States  .  .  .  named  as  may  maintain  a  loyal  adhesion  to  the 
Union  and  the  Constitution,  or  may  be,  from  time  to  time,  occupied  and  con 
trolled  by  forces  of  the  United  States  engaged  in  the  dispersion  of  such  insur 
gents,"  to  be  in  insurrection.  The  provisions  of  the  act  were  made  still  more 
stringent  by  an  act  of  May  20,  1862. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XII,  255-258.  For  the 
proceedings  see  the  House  and  Senate  Journals  and  the  Congressional  Globe, 
37th  Cong.,  1st  Sess.  The  report  of  the  Secretary  of  the  Treasury  is  in  the 
Globe,  Appendix  ;  see  also  a  letter  from  Chase  explaining  the  necessity  for, 
and  asserting  the  constitutionality  of,  the  proposed  measure,  ibid.,  proceedings 
of  July  10.  For  a  report  of  February  21  on  the  same  subject  see  House  Exec. 
Doc.?2,  36th  Cong.,  2d  Sess. 

An  Act  further  to  provide  for  the  Collection  of  Duties  on  Imports , 
and  for  other  Purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  whenever  it 
shall  in  the  judgment  of  the  President,  by  reason  of  unlawful  com 
binations  of  persons  in  opposition  to  the  laws  of  the  United  States, 
become  impracticable  to  execute  the  revenue  laws  and  collect  the 
duties  on  imports  by  the  ordinary  means,  in  the  ordinary  way,  at 
any  port  of  entry  in  any  collection  district,  he  is  authorized  to 
cause  such  duties  to  be  collected  at  any  port  of  delivery  in  said 
district  until  such  obstruction  shall  cease ;  and  in  such  case  the 
surveyors  at  said  ports  of  delivery  shall  be  clothed  with  all  the 
powers,  and  be  subject  to  all  the  obligations  of  collectors  at  ports 
of  entry ;  and  the  Secretary  of  the  Treasury,  with  the  approbation 
of  the  President,  shall  appoint  such  number  of  weighers,  gaugers, 
measurers,  inspectors,  appraisers,  and  clerks  as  may  be  necessary, 
in  his  judgment,  for  the  faithful  execution  of  the  revenue  laws  at 
said  ports  of  delivery,  and  shall  fix  and  establish  the  limits  within 
which  such  ports  of  delivery  are  constituted  ports  of  entry,  as 
aforesaid;  and  all  the  provisions  of  law  regulating  the  issue  of 


6  ACT  FOR  THE  COLLECTION  OF  DUTIES         [July  13 

marine  papers,  the  coasting  trade,  the  warehousing  of  imports,  and 
collection  of  duties,  shall  apply  to  the  ports  of  entry  so  constituted, 
in  the  same  manner  as  they  do  to  ports  of  entry  established  by  the 
laws  now  in  force. 

SEC.  2.  And  be  it  further  enacted,  That  if,  from  the  cause  men 
tioned  in  the  foregoing  section,  in  the  judgment  of  the  President, 
the  revenue  from  duties  on  imports  cannot  be  effectually  collected 
at  any  port  of  entry  in  any  collection  district,  in  the  ordinary  way, 
and  by  the  ordinary  means,  or  by  the  course  provided  in  the  fore 
going  section,  then  and  in  that  case  he  may  direct  that  the  custom 
house  for  the  district  be  established  in  any  secure  place  within 
said  district,  either  on  land  or  on  board  any  vessel  in  said  district 
or  at  sea  near  the  coast;  and  in  such  case  the  collector  shall 
reside  at  such  place,  or  on  shipboard,  as  the  case  may  be,  and 
there  detain  all  vessels  and  cargoes  arriving  within  or  approaching 
said  district,  until  the  duties  imposed  by  law  on  said  vessels  and 
their  cargoes  are  paid  in  cash :  Provided,  That  if  the  owner  or 
consignee  of  the  cargo  on  board  any  vessel  detained  as  aforesaid, 
or  the  master  of  said  vessel  shall  desire  to  enter  a  port  of  entry  in 
any  other  district  in  the  United  States  where  no  such  obstructions 
to  the  execution  of  the  laws  exist,  the  master  of  such  vessel  may 
be  permitted  so  to  change  the  destination  of  the  vessel  and  cargo 
in  his  manifest,  whereupon  the  collector  shall  deliver  him  a  written 
permit  to  proceed  to  the  port  so  designated  :  And,  provided  fur 
ther,  That  the  Secretary  of  the  Treasury  shall,  with  the  approba 
tion  of  the  President,  make  proper  regulations  for  the  enforcement 
on  shipboard  of  such  provisions  of  the  laws  regulating  the  assess 
ment  and  collection  of  duties  as  in  his  judgment  may  be  necessary 
and  practicable. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  unlawful  to 
take  any  vessel  or  cargo  detained  as  aforesaid  from  the  custody  of 
the  proper  officers  of  the  customs,  unless  by  process  of  some  court 
of  the  United  States  ;  and  in  case  of  any  attempt  otherwise  to  take 
such  vessel  or  cargo  by  any  force,  or  combination,  or  assemblage 
of  persons,  too  great  to  be  overcome  by  the  officers  of  the  cus 
toms,  it  shall  and  may  be  lawful  for  the  President,  or  such  person 


i86i]  ACT  FOR  THE  COLLECTION  OF  DUTIES  7 

or  persons  as  he  shall  have  empowered  for  that  purpose,  to  employ 
such  part  of  the  army  or  navy  or  militia  of  the  United  States,  or* 
such  force  of  citizen  volunteers  as  may  be  deemed  necessary  for 
the  purpose  of  preventing  the  removal  of  such  vessel  or  cargo,  and 
protecting  the  officers  of  the  customs  in  retaining  the  custody 
thereof. 

SEC.  4.  And  be  it  further  enacted,  That  if,  in  the  judgment  of 
the  President,  from  the  cause  mentioned  in  the  first  section  of  this 
act,  the  duties  upon  imports  in  any  collection  district  cannot  be 
effectually  collected  by  the  ordinary  means  and  in  the  ordinary 
way,  or  in  the  mode  and  manner  provided  in  the  foregoing  sec 
tions  of  this  act,  then  and  in  that  case  the  President  is  hereby 
empowered  to  close  the  port  or  ports  of  entry  in  said  district,  and 
in  such  case  give  notice  thereof  by  proclamation  j  and  thereupon 
all  right  of  importation,  warehousing,  and  other  privileges  incident 
to  ports  of  entry  shall  cease  and  be  discontinued  at  such  port  so 
closed,  until  opened  by  the  order  of  the  President  on  the  cessation 
of  such  obstructions ;  and  if,  while  said  ports  are  so  closed,  any 
ship  or  vessel  from  beyond  the  United  States,  or  having  on  board 
any  articles  subject  to  duties,  shall  enter  or  attempt  to  enter  any 
such  port,  the  same,  together  with  its  tackle,  apparel,  furniture, 
and  cargo,  shall  be  forfeited  to  the  United  States. 

SEC.  5.  And  be  it  further  enacted,  That  whenever  the  President, 
in  pursuance  of  the  provisions  of  the  second  section  of  the  act 
entitled  "  An  act  to  provide  for  calling  forth  the  militia  to  execute 
the  laws  of  the  Union,  suppress  insurrections,  and  repel  invasions, 
and  to  repeal  the  act  now  in  force  for  that  purpose,"  approved 
February  twenty-eight,  seventeen  hundred  and  ninety-five,  shall 
have  called  forth  the  militia  to  suppress  combinations  against  the 
laws  of  the  United  States,  and  to  cause  the  laws  to  be  duly  exe 
cuted,  and  the  insurgents  shall  have  failed  to  disperse  by  the  time 
directed  by  the  President,  and  when  said  insurgents  claim  to  act 
under  the  authority  of  any  State  or  States,  and  such  claim  is  not 
disclaimed  or  repudiated  by  the  persons  exercising  the  functions 
of  government  in  such  State  or  States,  or  in  the  part  or  parts 
thereof  in  which  said  combination  exists,  nor  such  insurrection 


8  ACT  FOR  THE  COLLECTION  OF  DUTIES         [July  13 

suppressed  by  said  State  or  States,  then  and  in  such  case  it  may 
and  shall  be  lawful  for  the  President,  by  proclamation,  to  declare 
that  the  inhabitants  of  such  State,  or  any  section  or  part  thereof, 
where  such  insurrection  exists,  are  in  a  state  of  insurrection  against 
the  United  States ; 1  and  thereupon  all  commercial  intercourse  by 
and  between  the  same  and  the  citizens  thereof  and  the  citizens  of 
the  rest  of  the  United  States  shall  cease  and  be  unlawful  so  long 
as  such  condition  of  hostility  shall  continue ;  and  all  goods  and 
chattels,  wares  and  merchandise,  coming  from  said  State  or  section 
into  the  other  parts  of  the  United  States,  and  all  proceeding  to 
such  State  or  section,  by  land  or  water,  shall,  together  with  the 
vessel  or  vehicle  conveying  the  same,  or  conveying  persons  to  or 
from  such  State  or  section,  be  forfeited  to  the  United  States  :  Pro 
vided,  however,  That  the  President  may,  in  his  discretion,  license 
and  permit  commercial  intercourse  with  any  such  part  of  said  State 
or  section,  the  inhabitants  of  which  are  so  declared  in  a  state  of 
insurrection,  in  such  articles,  and  for  such  time,  and  by  such  per 
sons,  as  he,  in  his  discretion,  may  think  most  conducive  to  the 
public  interest ;  and  such  intercourse,  so  far  as  by  him  licensed, 
shall  be  conducted  and  carried  on  only  in  pursuance  of  rules  and 
regulations  prescribed  by  the  Secretary  of  the  Treasury.  And  the 
Secretary  of  the  Treasury  may  appoint  such  officers  at  places  where 
officers  of  the  customs  are  not  now  authorized  by  law  as  may  be 
needed  to  carry  into  effect  such  licenses,  rules  and  regulations  ;  and 
officers  of  the  customs  and  other  officers  shall  receive  for  services 
under  this  section,  and  under  said  rules  and  regulations,  such  fees 
and  compensation  as  are  now  allowed  for  similar  service  under 
other  provisions  of  law. 

SEC.  6.  And  be  it  further  enacted,  That  from  and  after  fifteen 
days  after  the  issuing  of  the  said  proclamation,  as  provided  in  the 
last  foregoing  section  of  this  act,  any  ship  or  vessel  belonging  in 
whole  or  in  part  to  any  citizen  or  inhabitant  of  said  State  or  part 

1  By  an  act  of  July  31,  1861,  chap.  32,  it  was  further  provided  "  that  the  power  of 
the  President  to  declare  the  inhabitants  of  any  State,  or  any  part  thereof,  in  a  state 
of  insurrection,  as  provided  in  the  fifth  section"  of  the  above  act,  "  shall  extend  to 
and  include  the  inhabitants  of  any  State,  or  part  thereof,  where  such  insurrection 
against  the  United  States  shall  be  found  by  the  President  at  any  time  to  exist." 


1 86 1]  ACT  FOR  A  NATIONAL  LOAN  9 

of  a  State  whose  inhabitants  are  so  declared  in  a  state  of  insurrec 
tion,  found  at  sea,  or  in  any  port  of  the  rest  of  the  United  States, 
shall  be  forfeited  to  the  United  States. 

SEC.  7.   [The  navy  may  be  used  to  execute  the  revenue  laws.] 
SEC.  8.    [Penalties  may  be  mitigated  or  remitted.] 
SEC.  9.   And  be  it  further  enacted,  That  proceedings  on  seizures 
for  forfeitures  under  this  act  may  be  pursued  in  the  courts  of  the 
United  States  in  any  district  into  which  the  property  so  seized 
may  be  taken  and  proceedings  instituted;  and  such  courts  shall 
have  and  entertain  as  full  jurisdiction  over  the  same  as  if  the 
seizure  was  made  in  that  district. 

APPROVED,  July  13,  1861. 


No.  4.     Act  for  a  National  Loan 

July  17,  1861 

IN  his  message  of  July  4,  1861,  Lincoln  asked  Congress  for  "at  least" 
4.00,000  men  and  $400,000,000  as  "  the  legal  means  for  making  this  contest  a 
short  and  a  decisive  one."  The  Secretary  of  the  Treasury,  Chase,  in  his  re 
port  of  the  same  date,  recommended  loans  to  the  aggregate  amount  of 
$250,000,000,  and  submitted  the  draft  of  a  bill  for  that  purpose.  A  bill  to 
authorize  a  national  loan  was  introduced  in  the  House  by  Thaddeus  Stevens 
of  Pennsylvania,  from  the  Committee  of  Ways  and  Means,  July  9,  and  on  the 
following  day  passed  by  a  vote  of  153  to  5.  The  Senate  made  a  number  of 
amendments,  all  of  which  were  concurred  in  by  the  House,  and  on  the  i;th 
the  act  was  approved. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XII,  259-261.  For  the 
proceedings  see  the  House  and  Senate  Journals  and  the  Cong.  Globe,  37th 
Cong.,  ist  Sess.  Chase's  report  of  July  4  is  in  the  Globe,  Appendix.  On  the 
condition  of  the  treasury  see  House  Misc.  Doc.  20,  36th  Cong.,  2d  Sess.  On 
the  general  subject  see  Dewey,  Financial  History  of  the  United  States,  chap. 
13,  and  references  there  given. 

An  Act  to  authorize  a  National  Loan  and  for  other  Purposes. 

Be  it  enacted  .  .  .,  That  the  Secretary  of  the  Treasury  be, 
and  he  is  hereby,  authorized  to  borrow  on  the  credit  of  the 


IO  ACT  FOR  A  NATIONAL  LOAN  [July  17 

United  States,  within  twelve  months  from  the  passage  of  this 
act,  a  sum  not  exceeding  two  hundred  and  fifty  millions  of  dol 
lars,  or  so  much  thereof  as  he  may  deem  necessary  for  the  public 
service,  for  which  he  is  authorized  to  issue  coupon  bonds,  or 
registered  bonds,  or  treasury  notes,  in  such  proportions  of  each 
as  he  may  deem  advisable ;  the  bonds  to  bear  interest  not  ex 
ceeding  seven  per  centum  per  annum,  payable  semi-annually, 
irredeemable  for  twenty  years,  and  after  that  period  redeemable 
at  the  pleasure  of  the  United  States ;  and  the  treasury  notes  to 
be  of  any  denomination  fixed  by  the  Secretary  of  the  Treasury, 
not  less  than  fifty  dollars,  and  to  be  payable  three  years  after 
date,  with  interest  at  the  rate  of  seven  and  three  tenths  per 
centum  per  annum,  payable  semi-annually.  And  the  Secretary 
of  the  Treasury  may  also  issue  in  exchange  for  coin,  and  as  part 
of  the  above  loan,  or  may  pay  for  salaries  or  other  dues  from 
the  United  States,  treasury  notes  of  a  less  denomination  than 
fifty  dollars,  not  bearing  interest,  but  payable  on  demand  by  the 
Assistant  Treasurers  of  the  United  States  at  Philadelphia,  New 
York,  or  Boston,  or  treasury  notes  bearing  interest  at  the  rate 
of  three  and  sixty-five  hundredths  per  centum,  payable  in  one 
year  from  date,  and  exchangeable  at  any  time  for  treasury  notes 
for  fifty  dollars,  and  upwards,  issuable  under  the  authority  of 
this  act,  and  bearing  interest  as  specified  above  :  Provided,  That 
no  exchange  of  such  notes  in  any  less  amount  than  one  hundred 
dollars  shall  be  made  at  any  one  time:  And  provided  further •, 
That  no  treasury  notes  shall  be  issued  of  a  less  denomination 
than  ten  dollars,  and  that  the  whole  amount  of  treasury  notes,  not 
bearing  interest,  issued  under  the  authority  of  this  act,  shall  not 
exceed  fifty  millions  of  dollars. 

SEC.  2.  [Notes  and  bonds,  how  signed,  how  transferable,  etc.] 
SEC.  3.  [Books  to  be  opened  for  subscription  for  treasury 
notes  for  $50  and  over,  etc.]  And  the  Secretary  of  the 
Treasury  is  also  authorized,  if  he  shall  deem  it  expedient,  be 
fore  opening  books  of  subscription  as  above  provided,  to 
exchange  for  coin  or  pay  for  public  dues  or  for  treasury  notes 
of  the  issue  of  twenty-third  of  December,  eighteen  hundred  and 


1861]  ACT   FOR  A  NATIONAL  LOAN  II 

fifty-seven,  and  falling  due  on  the  thirtieth  of  June,  eighteen 
hundred  and  sixty-one,  or  for  treasury  notes  issued  and  taken  in 
exchange  for  such  notes,  any  amount  of  said  treasury  notes  for 
fifty  dollars  or  upwards  not  exceeding  one  hundred  millions  of 
dollars. 

SEC.  4.  [Proposals  for  loan  to  be  published ;  most  favorable 
offers  to  be  accepted,  but  at  not  less  than  par.] 

SEC.  5.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  may,  if  he  deem  it  advisable,  negotiate  any  portion  of 
said  loan,  not  exceeding  one  hundred  millions  of  dollars,  in  any 
foreign  country  and  payable  at  any  designated  place  either  in 
the  United  States  or  in  Europe,  and  may  issue  registered  or 
coupon  bonds  for  the  amount  thus  negotiated  agreeably  to  the 
provisions  of  this  act,  bearing  interest  payable  semi-annually, 
either  in  the  United  States  or  at  any  designated  place  in 
Europe;  .  .  . 

SEC.  6.  And  be  it  further  enacted,  That  whenever  any  treasury 
notes  of  a  denomination  less  than  fifty  dollars,  authorized  to  be 
issued  by  this  act,  shall  have  been  redeemed,  the  Secretary  of 
the  Treasury  may  re-issue  the  same,  or  may  cancel  them  and 
issue  new  notes  to  an  equal  amount :  Provided,  That  the  aggre 
gate  amount  of  bonds  and  treasury  notes  issued  under  the  fore 
going  provisions  of  this  act  shall  never  exceed  the  full  amount 
authorized  by  the  first  section  of  this  act ;  and  the  power  to 
issue,  or  re-issue  such  notes  shall  cease  and  determine  after  the 
thirty-first  of  December,  eighteen  hundred  and  sixty-two. 

SEC.  7.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  is  hereby  authorized,  whenever  he  shall  deem  it  ex 
pedient,  to  issue  in  exchange  for  coin,  or  in  payment  for  public 
dues,  treasury  notes  of  any  of  the  denominations  hereinbefore 
specified,  bearing  interest  not  exceeding  six  per  centum  per 
annum,  and  payable  at  any  time  not  exceeding  twelve  months 
from  date,  provided  that  the  amount  of  notes  so  issued,  or  paid, 
shall  at  no  time  exceed  twenty  millions  of  dollars. 

SEC.  8.  [The  Secretary  of  the  Treasury  to  make  report  to 
Congress  of  operations  under  the  act.] 


12  EMPLOYMENT  OF  VOLUNTEERS  [July  22 

SEC.  9.  And  be  it  further  enacted,  That  the  faith  of  the  United 
States  is  hereby  solemnly  pledged  for  the  payment  of  the  inter 
est  and  redemption  of  the  principal  of  the  loan  authorized  by 
this  act. 

SEC.  10.  And  be  it  further  enacted,  That  all  the  provisions  of 
the  act  entitled  "An  act  to  authorize  the  issue  of  treasury 
notes,"  approved  the  twenty-third  day  of  December,  eighteen 
hundred  and  fifty-seven,  so  far  as  the  same  can  or  may  be 
applied  to  the  provisions  of  this  act,  and  not  inconsistent  there 
with,  are  hereby  revived  or  re-enacted. 

SEC.  ii.  [Appropriation  of  $200,000  for  expenses  under  the 
act.] 

APPROVED,  July  17,  1861. 


No.   5.     Act  authorizing   the   Employment  of 
Volunteers 

July  22,  1 86 1 

A  BILL  to  authorize  the  employment  of  volunteers,  in  accordance  with  the 
recommendation  of  President  Lincoln  in  his  message  of  July  4,  1861,  was  in 
troduced  in  the  Senate,  July  6,  by  Henry  Wilson  of  Massachusetts,  and  passed 
that  house  on  the  loth  by  a  vote  of  34  to  4.  On  the  I2th  the  action  was  re 
considered,  and  the  bill  with  further  amendments  was  again  passed  by  a  vote 
of  35  to  4.  The  passage  of  a  substitute  bill  by  the  House  caused  a  reference 
of  the  matter  to  a  conference  committee,  whose  report  was  agreed  to  by  the 
two  houses  on  the  i8th.  The  discussion  in  each  house  had  to  do  mainly  with 
the  details  of  organization  of  the  volunteers  provided  for  by  the  bill. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  268-271.  For  the 
debates  see  the  House  and  Senate  Journals  and  Cong.  Globe,  37th  Cong.,  ist 
Sess.  On  the  efficiency  of  volunteers  and  the  condition  of  the  militia  see 
House  Exec.  Doc.  54.  and  House  Report  38,  36th  Cong.,  2d  Sess.,  and  House 
Report  i,  37th  Cong.,  1st  Sess.  A  summary  view  of  early  military  legislation, 
Union  and  Confederate,  is  given  in  McPherson,  History  of  the  Rebellion, 
115-121. 

An  Act  to  authorize  the  Employment  of  Volunteers  to  aid  in  enforc 
ing  the  Laws  and  protecting  Public  Property. 
WHEREAS,  certain  of  the  forts,  arsenals,  custom-houses,  navy 
yards,  and  other  property  of  the  United  States  have  been 


1861]  EMPLOYMENT  OF  VOLUNTEERS  13 

seized,  and  other  violations  of  law  have  been  committed  and 
are  threatened  by  organized  bodies  of  men  in  several  of  the 
States,  and  a  conspiracy  has  been  entered  into  to  overthrow 
the  Government  of  the  United  States :  Therefore, 
Be  it  enacted  .  .  .,  That  the  President  be,  and  he  is  hereby, 
authorized  to  accept  the  services  of  volunteers,  either  as  cavalry, 
infantry,  or  artillery,  in  such  numbers,  not  exceeding  five  hun 
dred  thousand,  as  he  may  deem  necessary,  for  the  purpose  of 
repelling  invasion,  suppressing  insurrection,  enforcing  the  laws, 
and  preserving  and  protecting  the  public  property :  Provided, 
That  the  services  of  the  volunteers  shall  be  for  such  time  as  the 
President  may  direct,  not  exceeding  three  years  nor  less  than 
six  months,1  and  they  shall  be  disbanded  at  the  end  of  the  war. 
And  all  provisions  of  law  applicable  to  three  years'  volunteers 
shall  apply  to  two  years'  volunteers,  and  to  all  volunteers  who 
have  been,  or  may  be,  accepted  into  the  service  of  the  United 
States,  for  a  period  not  less  than  six  months,  in  the  same  manner 
as  if  such  volunteers  were  specially  named.  Before  receiving 
into  service  any  number  of  volunteers  exceeding  those  now 
called  for  and  accepted,  the  President  shall,  from  time  to  time, 
issue  his  proclamation,  stating  the  number  desired,  either  as 
cavalry,  infantry,  or  artillery,  and  the  States  from  which  they 
are  to  be  furnished,  having  reference,  in  any  such  requisition,  to 
the  number  then  in  service  from  the  several  States,  and  to  the 
exigencies  of  the  service  at  the  time,  and  equalizing,  as  far  as 
practicable,  the  number  furnished  by  the  several  States,  accord 
ing  to  Federal  population.2 

SEC.  2.  And  be  it  further  enacted,  That  the  said  volunteers 
shall  be  subject  to  the  rules  and  regulations  governing  the  army 
of  the  United  States,  and  that  they  shall  be  formed,  by  the  Pres 
ident,  into  regiments  of  infantry,  with  the  exception  of  such 

1  A  supplementary  act  of  July  25,  1861,  provided  that  volunteers  should  "  be 
mustered  in  for  '  during  the  war.'  " 

2  An  act  of  July  31,  1861,  provided  that  the  President,  in  accepting  and  organ 
izing  volunteers  under  this  act,  "  may  accept  the  service  of  such  volunteers  without 
previous  proclamation,  and  in  such  numbers  from  any  State  or  States  as,  in  his 
discretion,  the  public  service  may  require." 


14  RESOLUTION   ON  THE  WAR  [July  22 

numbers  for  cavalry  and  artillery,  as  he  may  direct,  not  to 
exceed  the  proportion  of  one  company  of  each  of  those  arms  to 
every  regiment  of  infantry,  and  to  be  organized  as  in  the  regu 
lar  service.  .  .  . 

[The  remainder  of  the  act  relates  to  the  organization  of  the 
volunteers,  the  appointment  of  officers,  etc.] 


No.  6.     Resolution  on  the  Nature  and  Object 
of  the  War 

July  22,  1 86 1 

A  RESOLUTION  declaratory  of  the  nature  and  object  of  the  war  was  offered 
in  the  House,  July  22,  1861,  by  John  J.  Crittenden  of  Kentucky.  In  the  vote 
the  resolution  was  divided,  the  first  part,  through  the  word  "capital,"  being 
adopted  by  a  vote  of  122  to  2,  and  the  remainder  by  a  vote  of  117  to  2.  A 
resolution  in  practically  identical  terms  was  offered  in  the  Senate,  July  24,  by 
Andrew  Johnson  of  Tennessee,  and  on  the  25th,  after  a  long  discussion,  was 
adopted,  the  vote  being  30  to  5.  The  resolutions,  which  "  gave  expression 
to  the  common  sentiment  of  the  country,"  were  the  only  formal  declarations 
out  of  a  great  number  submitted  which  passed  the  houses. 

REFERENCES. —  Text  in  House  Journal,  37th  Cong.,  ist  Sess.,  123.  For  the 
debates  see  the  Cong.  Globe.  A  list  of  the  principal  declaratory  resolutions 
submitted,  with  the  action  on  each,  is  given  in  McPherson,  Rebellion,  285-290. 

Resolved  .  .  .,  That  the  present  deplorable  civil  war  has  been 
forced  upon  the  country  by  the  disunionists  of  the  southern 
States,  now  in  arms  against  the  constitutional  government,  and 
in  arms  around  the  capital ;  that  in  this  national  emergency, 
Congress,  banishing  all  feelings  of  mere  passion  or  resentment, 
will  recollect  only  its  duty  to  the  whole  country  ;  that  this  war 
is  not  waged  on  their  part  in  any  spirit  of  oppression,  or  for  any 
purpose  of  conquest  or  subjugation,  or  purpose  of  overthrowing 
or  interfering  with  the  rights  or  established  institutions  of  those 
States,  but  to  defend  and  maintain  the  supremacy  of  the  Consti 
tution,  and  to  preserve  the  Union  with  all  the  dignity,  equality, 
and  rights  of  the  several  States  unimpaired ;  and  that  as  soon 
as  these  objects  are  accomplished  the  war  ought  to  cease. 


i86i]  CALLING  OUT  THE  MILITIA  15 

No.  7.     Indemnity  for  State  War  Expenses 

July  27,  1861 

A  BILL  "  to  indemnify  the  States  for  expenses  incurred  by  them  in  defense 
of  the  United  States  "  was  introduced  in  the  House  by  Valentine  B.  Horton  of 
Ohio,  July  22,  considered  under  suspension  of  the  rules,  and  passed.  The 
bill  passed  the  Senate  on  the  25th  without  a  division,  and  on  the  27th  the  act 
was  approved.  The  refunding  of  duties  on  arms  imported  by  States  was  pro 
vided  for  by  acts  of  July  10  and  July  25,  the  scope  of  the  latter  act  being  ex 
tended,  by  a  joint  resolution  of  March  8,  1862,  to  importations  prior  to  the 
date  of  the  act. 

REFERENCES. —  Text'vs.  U.S.  Statutes  at  Large,  XII,  276.  The  record  of 
proceedings  is  unimportant.  On  the  war  debts  of  the  loyal  States  see  House 
Report  1 6,  39th  Cong.,  ist  Sess. 

An  Act  to  indemnify  the  States  for  Expenses  incurred  by  them  in 
Defence  of  the  United  States. 

Be  it  enacted  .  .  .,  That  the  Secretary  of  the  Treasury  be, 
and  he  is  hereby,  directed,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  to  pay  to  the  Governor  of  any  State, 
or  to  his  duly  authorized  agents,  the  costs,  charges,  and  expenses 
properly  incurred  by  such  State  for  enrolling,  subsisting,  cloth 
ing,  supplying,  arming,  equipping,  paying,  and  transporting  its 
troops  employed  in  aiding  to  suppress  the  present  insurrection 
against  the  United  States,  to  be  settled  upon  proper  vouchers, 
to  be  filed  and  passed  upon  by  the  proper  accounting  officers  of 
the  Treasury. 

APPROVED,  July  27,  1861. 


No.   8.     Act  for  calling  out  the  Militia 

July  29,  1861 

A  BILL  "  to  provide  for  the  suppression  of  rebellion,"  etc.,  was  introduced 
in  the  House,  July  10,  by  John  A.  Bingham  of  Ohio,  and  on  the  i6th  passed 
without  a  division.  The  bill  passed  the  Senate  on  the  26th,  and  on  the  29th 
the  act  was  approved. 


1 6  CALLING  OUT  THE  MILITIA  [July  29 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XII,  281,  282.  For  the 
proceedings  see  the  House  and  Senate  Journals  and  the  Cong.  Globe.  The 
changes  made  by  the  act  are  set  forth  in  the  House  proceedings  of  July  16  ; 
compare  President  Buchanan's  remarks  on  the  employment  of  the  militia 
under  the  acts  of  1795  and  1807,  in  his  annual  message  of  December  3,  1860. 

An  Act  to  provide  for  the  Suppression  of  Rebellion  against  and 
Resistance  to  the  Laws  of  the  United  States,  and  to  amend  the 
Act  entitled  "  An  Act  to  provide  for  calling  forth  the  Militia  to 
execute  the  Laws  of  the  Union"  &c.,  passed  February  twenty- 
eight,  seventeen  hundred  and  ninety-five. 

Be  it  enacted  .  .  .,  That  whenever,  by  reason  of  unlawful 
obstructions,  combinations,  or  assemblages  of  persons,  or  rebel 
lion  against  the  authority  of  the  Government  of  the  United 
States,  it  shall  become  impracticable,  in  the  judgment  of  the 
President  of  the  United  States,  to  enforce,  by  the  ordinary 
course  of  judicial  proceedings,  the  laws  of  the  United  States 
within  any  State  or  Territory  of  the  United  States,  it  shall  be 
lawful  for  the  President  of  the  United  States  to  call  forth  the 
militia  of  any  or  all  the  States  of  the  Union,  and  to  employ  such 
parts  of  the  land  and  naval  forces  of  the  United  States  as  he  may 
deem  necessary  to  enforce  the  faithful  execution  of  the  laws  of 
the  United  States,  or  to  suppress  such  rebellion  in  whatever 
State  or  Territory  thereof  the  laws  of  the  United  States  may  be 
forcibly  opposed,  or  the  execution  thereof  forcibly  obstructed. 

SEC.  2.  And  be  it  further  enacted,  That  whenever,  in  the 
judgment  of  the  President,  it  may  be  necessary  to  use  the  mili 
tary  force  hereby  directed  to  be  employed  and  called  forth  by 
him,  the  President  shall  forthwith,  by  proclamation,  command 
such  insurgents  to  disperse  and  retire  peaceably  to  their  respec 
tive  abodes,  within  a  limited  time. 

SEC.  3.  And  be  it  further  enacted,  That  the  militia  so  called 
into  the  service  of  the  United  States  shall  be  subject  to  the  same 
rules  and  articles  of  war  as  the  troops  of  the  United  States,  and 
be  continued  in  the  service  of  the  United  States  until  discharged 
by  proclamation  of  the  President :  Provided,  That  such  contin 
uance  in  service  shall  not  extend  beyond  sixty  days  after  the 


i86i]  PUNISHMENT  OF  CONSPIRACIES  If 

commencement  of  the  next  regular  session  of  Congress,  unless 
Congress  shall  expressly  provide  by  law  therefor  :  .  .  . 

SEC.  4.   [Penalty  for  disobedience  of  orders  of  President.] 

SEC.  5.  And  be  it  further  enacted,  That  courts-martial  for  the 
trial  of  militia  shall  be  composed  of  militia  officers  only. 

SEC.  6.   [Fines,  how  collected  and  paid.] 

SEC.  7.  And  be  it  further  enacted,  That  the  marshals  of  the 
several  districts  of  the  United  States,  and  their  deputies,  shall 
have  the  same  powers  in  executing  the  laws  of  the  United  States 
as  sheriffs  and  their  deputies  in  the  several  States,  have  by  law, 
in  executing  the  laws  of  the  respective  States. 

SEC.  8.  And  be  it  further  enacted,  That  sections  two,  three, 
and  four  of  the  act  ...  [of  February  28,  1795,]  .  .  .  and  so 
much  of  the  residue  of  said  act  and  of  all  other  acts  as  conflict 
with  this  act  are  hereby  repealed. 

APPROVED,  July  29,  1861. 


No.  9.     Act  to  define  and  punish  certain 
Conspiracies 

July  31,  1861 

A  BILL  "  to  define  and  punish  certain  conspiracies  "  was  presented  in  the 
House,  July  15,  by  John  Hickman  of  Pennsylvania,  and  passed  by  a  vote  of 
123  to  7.  In  the  Senate  the  printing  of  a  minority  report  submitted  by  Bayard 
of  Delaware  and  Powell  of  Kentucky  was  refused  by  a  vote  of  10  to  29, 
and  on  the  26th  the  bill  in  amended  form  passed  the  Senate.  Nine  Senators 
entered  a  protest  against  the  bill.  The  amendment  of  the  Senate  was  con 
curred  in  by  the  House  on  the  3Oth,  and  the  next  clay  the  act  was  approved. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XII,  284.  The  important 
proceedings  are  those  of  the  Senate  for  July  24  and  26  {Cong.  Globe,  37th 
Cong.,  ist  Sess.). 

An  Act  to  define  and  punish  certain  Conspiracies. 

Be  it  enacted  .  .  .,  That  if  two  or  more  persons  within  any 
State  or  Territory  of  the  United  States  shall  conspire  together 
to  overthrow,  or  to  put  down,  or  to  destroy  by  force,  the  Govern- 


1 8  SUPPLEMENTARY  NATIONAL  LOAN  ACT          [Aug.  5 

ment  of  the  United  States,  or  to  levy  war  against  the  United 
States,  or  to  oppose  by  force  the  authority  of  the  Government 
of  the  United  States ;  or  by  force  to  prevent,  hinder,  or  delay 
the  execution  of  any  law  of  the  United  States  ;  or  by  force  to 
seize,  take,  or  possess  any  property  of  the  United  States  against 
the  will  or  contrary  to  the  authority  of  the  United  States ;  or  by 
force,  or  intimidation,  or  threat  to  prevent  any  person  from 
accepting  or  holding  any  office,  or  trust,  or  place  of  confidence, 
under  the  United  States ;  each  and  every  person  so  offending 
shall  be  guilty  of  a  high  crime,  and  upon  conviction  thereof  in 
any  district  or  circuit  court  of  the  United  States,  having  juris 
diction  thereof,  or  district  or  supreme  court  of  any  Territory  of 
the  United  States  having  jurisdiction  thereof,  shall  be  punished 
by  a  fine  not  less  than  five  hundred  dollars  and  not  more  than 
five  thousand  dollars  ;  or  by  imprisonment,  with  or  without  hard 
labor,  as  the  court  shall  determine,  for  a  period  not  less  than 
six  months  nor  greater  than  six  years,  or  by  both  such  fine  and 
imprisonment. 

APPROVED,  July  31,  1861. 


No.    10.     Supplementary  National  Loan  Act 

August  5,  1861 

A  BILL  for  the  amendment  of  the  loan  act  of  July  17  [No.  4],  1861,  was 
reported  by  William  P.  Fessenden  of  Maine,  from  the  Senate  Committee  on 
Finance,  July  22,  and  passed  the  Senate  the  same  day.  The  Committee  of 
Ways  and  Means  of  the  House  reported  the  bill  on  the  25th  with  amendments, 
the  most  important  of  which  authorized  the  payment  of  interest  at  nine  per 
cent  on  treasury  notes,  and  pledged  the  receipts  from  certain  duties  for  the 
payment  of  the  loan.  The  Senate,  on  the  29th,  struck  out  both  of  these 
provisions,  and  added  the  section  authorizing  the  issue  of  five  dollar  treasury 
notes.  The  bill  received  its  final  form  from  a  conference  committee,  which 
inserted  the  section  suspending  in  part  the  subtreasury  act  of  1846.  The 
report  of  the  conference  committee  was  agreed  to  by  the  Senate  without  a  divi 
sion,  and  by  the  House  by  a  vote  of  83  to  34. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XII,  313,  314.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  1st  Sess.,  and 
the  Cong.  Globe. 


1 86 1]  SUPPLEMENTARY  NATIONAL  LOAN  ACT  19 

An  Act  supplementary  to  an  Act  entitled  "An  Act  to  authorize  a 
National  Loan,  and  for  other  Purposes" 

Be  it  enacted  .  .  .,  That  the  Secretary  of  the  Treasury  is 
hereby  authorized  to  issue  bonds  of  the  United  States,  bearing 
interest  at  six  per  centum  per  annum,  and  payable  at  the  pleas 
ure  of  the  United  States  after  twenty  years  from  date ;  and  if 
any  holder  of  Treasury  notes,  bearing  interest  at  the  rate  of 
seven  and  three-tenths  per  centum,  which  may  be  issued  under 
the  authority  of  the  act  to  authorize  a  national  loan  and  for 
other  purposes,  approved  July  seventeenth,  eighteen  hundred 
and  sixty-one,  shall  desire  to  exchange  the  same  for  said  bonds, 
the  Secretary  of  the  Treasury  may,  at  any  time  before  or  at  the 
maturity  of  said  Treasury  notes,  issue  to  said  holder,  in  payment 
thereof,  an  amount  of  said  bonds  equal  to  the  amount  which,  at 
the  time  of  such  payment  or  exchange,  may  be  due  on  said 
Treasury  notes ;  but  no  such  bonds  shall  be  issued  for  a  less 
sum  than  five  hundred  dollars,  nor  shall  the  whole  amount  of 
such  bonds  exceed  the  whole  amount  of  Treasury  notes  bearing 
seven  and  three-tenths  per  centum  interest,  issued  under  said 
act ;  and  any  part  of  the  Treasury  notes  payable  on  demand, 
authorized  by  said  act,  may  be  made  payable  by  the  Assistant 
Treasurer  at  Saint  Louis,  or  by  the  depositary  at  Cincinnati. 

SEC.  2.    [Treasury  notes,  how  executed  ;  need  not  have  seal.] 

SEC.  3.  And  be  it  further  enacted,  That  so  much  of  the  act  to 
which  this  is  supplementary  as  limits  the  denomination  of  a  por 
tion  of  the  Treasury  notes  authorized  by  said  act  at  not  less 
than  ten  dollars,  be  and  is  so  modified  as  to  authorize  the  Sec 
retary  of  the  Treasury  to  fix  the  denomination  of  said  notes  at 
not  less  than  five  dollars.1 

SEC.  4.  [Additional  appropriation  of  $100,000  for  expenses 
under  the  act.] 

SEC.  5.  And  be  it  further  enacted,  That  the  Treasury  notes 
authorized  by  the  act  to  which  this  is  supplementary,  of  a  less 

1  An  act  of  February  12,  1862,  authorized  an  additional  issue  of  $10,000,000  in 
notes  of  denominations  not  less  than  five  dollars,  the  same  to  be  deemed  a  part  of 
the  loan  of  $250,000,000  authorized  by  the  act  of  July  17,  1861. 


20  CONFISCATION  ACT  [Aug.  6 

denomination  than  fifty  dollars,  payable  on  demand  without 
interest,  and  not  exceeding  in  amount  the  sum  of  fifty  millions 
of  dollars,  shall  be  receivable  in  payment  of  public  dues. 

SEC.  6.  And  be  it  further  enacted.  That  the  provisions  of  the 
act  entitled  "  An  Act  to  provide  for  the  better  organization  of 
the  Treasury,  and  for  the  collection,  safe-keeping,  transfer,  and 
disbursements  of  the  public  revenue,"  passed  August  six,  eigh 
teen  hundred  and  forty-six,  be  and  the  same  are  hereby  sus 
pended,  so  far  as  to  allow  the  Secretary  of  the  Treasury  to 
deposit  any  of  the  moneys  obtained  on  any  of  the  loans  now 
authorized  by  law,  to  the  credit  of  the  Treasurer  of  the  United 
States,  in  such  solvent  specie-paying  banks  as  he  may  select ; 
and  the  said  moneys,  so  deposited,  may  be  withdrawn  from  such 
deposit  for  deposit  with  the  regular  authorized  depositaries,  or 
for  the  payment  of  public  dues,  or  paid  in  redemption  of  the 
notes  authorized  to  be  issued  under  this  act,  or  the  act  to  which 
this  is  supplementary,  payable  on  demand,  as  may  seem  expedi 
ent  to,  or  be  directed  by,  the  Secretary  of  the  Treasury. 

SEC.  7.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  may  sell  or  negotiate,  for  any  portion  of  the  loan  pro 
vided  for  in  the  act  to  which  this  is  supplementary,  bonds  pay 
able  not  more  than  twenty  years  from  date,  and  bearing  interest 
not  exceeding  six  per  centum  per  annum,  payable  semi-annually, 
at  any  rate  not  less  than  the  equivalent  of  par,  for  the  bonds 
bearing  seven  per  centum  interest,  authorized  by  said  act. 

APPROVED,  August  5,  1861. 


No.    1 1 .      Confiscation  Act 

August  6,  1861 

A  BILL  "to  confiscate  property  used  for  insurrectionary  purposes"  was 
introduced  in  the  Senate,  July  15,  by  Lyman  Trumbull  of  Illinois.  When  the 
bill  was  reported  by  the  Committee  on  the  Judiciary,  on  the  25th,  Trumbull 
proposed  an  additional  section,  embodying  in  a  shorter  form  the  provisions  of 
section  four  of  the  act.  The  amended  bill  passed  the  Senate  July  22.  The 
proposed  forfeiture  of  the  claims  of  owners  to  such  of  their  slaves  as  had  been 


1861]  CONFISCATION  ACT  21 

compelled  to  work  in  aid  of  the  rebellion  aroused  strong  opposition  in  the 
House,  but  an  amendment  in  the  form  of  a  substitute  for  the  final  section  of 
the  Senate  bill,  being  section  four  of  the  act  as  passed,  was  agreed  to,  August  3, 
by  a  vote  of  60  to  48.  By  a  vote  of  24  to  1 1  the  Senate  concurred  in  the 
amendment  of  the  House,  and  on  the  6th  the  act  was  approved.  The  Confis 
cation  Act  was  the  first  legislative  step  towards  emancipation. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XII,  319.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  1st  Sess.,  and  the 
Cong.  Globe.  For  the  retaliatory  act  of  the  Confederate  Congress,  August  30, 
see  Confederate  Statutes  at  Large,  201 ;  on  this  act  see  Rhodes,  United  States, 
III,  465,  note  2.  On  Butler's  course  see  Butler's  Book,  256  seq.,  and  War 
Records,  Series  I,  Vol.  I,  53;  see  also  Nicolay  and  Hay,  Lincoln,  IV,  389  seq. 

An  Act  to  confiscate  Property  used  for  Insurrectionary  Purposes. 

Be  it  enacted  .  .  .,  That  if,  during  the  present  or  any  future 
insurrection  against  the  Government  of  the  United  States,  after 
the  President  of  the  United  States  shall  have  declared,  by  proc 
lamation,  that  the  laws  of  the  United  States  are  opposed,  and  the 
execution  thereof  obstructed,  by  combinations  too  powerful  to  be 
suppressed  by  the  ordinary  course  of  judicial  proceedings,  or  by 
the  power  vested  in  the  marshals  by  law,  any  person  or  persons, 
his,  her,  or  their  agent,  attorney,  or  employe,  shall  purchase  or 
acquire,  sell  or  give,  any  property  of  whatsoever  kind  or  descrip 
tion,  with  intent  to  use  or  employ  the  same,  or  suffer  the  same 
to  be  used  or  employed,  in  aiding,  abetting,  or  promoting  such 
insurrection  or  resistance  to  the  laws,  or  any  person  or  persons 
engaged  therein  ;  or  if  any  person  or  persons,  being  the  owner 
or  owners  of  any  such  property,  shall  knowingly  use  or  employ, 
or  consent  to  the  use  or  employment  of  the  same  as  aforesaid,  all 
such  property  is  hereby  declared  to  be  lawful  subject  of  prize 
and  capture  wherever  found ;  and  it  shall  be  the  duty  of  the 
President  of  the  United  States  to  cause  the  same  to  be  seized, 
confiscated,  and  condemned. 

SEC.  2.  Andbeit  further  enacted,  That  such  prizes  and  capture 
shall  be  condemned  in  the  district  or  circuit  court  of  the  United 
States  having  jurisdiction  of  the  amount,  or  in  admiralty  in  any 
district  in  which  the  same  may  be  seized,  or  into  which  they 
may  be  taken  and  proceedings  first  instituted. 


22       SEIZURE  OF  RAILROAD  AND  TELEGRAPH  LINES     [Jan.  31 

SEC.  3.  And  be  it  further  enacted.  That  the  Attorney-General, 
or  any  district  attorney  of  the  United  States  in  which  said 
property  may  at  the  time  be,  may  institute  the  proceedings  of 
condemnation,  and  in  such  case  they  shall  be  wholly  for  the 
benefit  of  the  United  States  ;  or  any  person  may  file  an  informa 
tion  with  such  attorney,  in  which  case  the  proceedings  shall  be 
for  the  use  of  such  informer  and  the  United  States  in  equal  parts. 

SEC.  4.  And  be  it  further  enacted,  That  whenever  hereafter, 
during  the  present  insurrection  against  the  Government  of  the 
United  States,  any  person  claimed  to  be  held  to  labor  or  service 
under  the  law  of  any  State,  shall  be  required  or  permitted  by  the 
person  to  whom  such  labor  or  service  is  claimed  to  be  due,  or  by 
the  lawful  agent  of  such  person,  to  take  up  arms  against  the 
United  States,  or  shall  be  required  or  permitted  by  the  person 
to  whom  such  labor  or  service  is  claimed  to  be  due,  or  his  law 
ful  agent,  to  work  or  to  be  employed  in  or  upon  any  fort,  navy 
yard,  dock,  armory,  ship,  entrenchment,  or  in  any  military  or 
naval  service  whatsoever,  against  the  Government  and  lawful 
authority  of  the  United  States,  then,  and  in  every  such  case,  the 
person  to  whom  such  labor  or  service  is  claimed  to  be  due  shall 
forfeit  his  claim  to  such  labor,  any  law  of  the  State  or  of  the 
United  States  to  the  contrary  notwithstanding.  And  whenever 
thereafter  the  person  claiming  such  labor  or  service  shall  seek  to 
enforce  his  claim,  it  shall  be  a  full  and  sufficient  answer  to  such 
claim  that  the  person  whose  service  or  labor  is  claimed  had  been 
employed  in  hostile  service  against  the  Government  of  the 
United  States,  contrary  to  the  provisions  of  this  act. 

APPROVED,  August  6,  1861. 


No.    12.     Act  authorizing  the  Seizure  of  Rail 
road  and  Telegraph  Lines 

January  31,  1862 

IN  his  report  of  July  I,  1861,  the  Secretary  of  War,  Cameron,  stated  that 
the  resistance  to  the  passage  of  troops  through  Baltimore,  the  destruction  of 


1 862]      SEIZURE  OF  RAILROAD  AND  TELEGRAPH  LINES          23 

bridges  on  certain  railroads,  and  the  refusal  of  the  Baltimore  and  Ohio  Rail 
road  Company  to  transport  government  forces  and  supplies,  had  made  it 
necessary  "  to  take  possession  of  so  much  of  the  railway  lines  as  was  required 
to  form  a  connection  with  the  States  from  which  troops  and  supplies  were 
expected  ; "  and  an  appropriation  for  the  construction  and  operation,  when 
necessary,  of  railroad  and  telegraph  lines  was  recommended.  Further  specific 
recommendations  for  construction  were  made  in  the  annual  report  of  Decem 
ber  i.  A  bill  in  accordance  with  the  earlier  recommendation  was  reported  to 
the  Senate,  January  22,  by  Benjamin  F.  Wade  of  Ohio,  from  the  Joint  Com 
mittee  on  the  Conduct  of  the  War,  and  passed  with  amendments  on  the  28th 
by  a  vote  of  23  to  12.  The  next  day,  by  a  vote  of  113  to  28,  the  bill  passed 
the  House,  and  on  the  3ist  the  act  was  approved.  An  order  taking  military 
possession  of  all  railroads  was  issued  May  25. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XII,  334,  335.  For  the 
proceedings  see  the  House  and  Senate  Journals,  3yth  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  The  debate  in  the  Senate  is  of  most  importance.  Cameron's 
report  of  1861  is  in  the  Globe,  Appendix. 

An  Act  to  authorize  the  President  of  the  United  States  in  certain 
Cases  to  take  Possession  of  Railroad  and  Telegraph  Lines,  and 
for  other  Purposes. 

Be  it  enacted  .  .  .,  That  the  President  of  the  United  States, 
when  in  his  judgment  the  public  safety  may  require  it,  be,  and 
he  is  hereby  authorized  to  take  possession  of  any  or  all  the  tele 
graph  lines  in  the  United  States,  their  offices  and  appurtenances  ; 
to  take  possession  of  any  or  all  the  railroad  lines  in  the  United 
States,  their  rolling-stock,  their  offices,  shops,  buildings,  and  all 
their  appendages  and  appurtenances ;  to  prescribe  rules  and 
regulations  for  the  holding,  using,  and  maintaining  of  the  afore 
said  telegraph  and  railroad  lines,  and  to  extend,  repair,  and  com 
plete  the  same,1  in  the  manner  most  conducive  to  the  safety  and 
interest  of  the  Government ;  to  place  under  military  control  all 
the  officers,  agents,  and  employe's  belonging  to  the  telegraph  and 
railroad  lines  thus  taken  possession  of  by  the  President,  so  that 
they  shall  be  considered  as  a  post  road  and  a  part  of  the  military 
establishment  of  the  United  States,  subject  to  all  the  restrictions 
imposed  by  the  rules  and  articles  of  war. 

1  By  a  joint  resolution  of  July  14, 1862,  so  much  of  the  act  as  authorized  the  con 
struction,  extension,  or  completion  of  any  railroad  was  repealed. 


24  PROHIBITION  OF  THE  COOLIE  TRADE          [Feb.  19 

SEC.  2.  And  be  it  further  enacted,  That  any  attempt  by  any 
party  or  parties  whomsoever,  in  any  State  or  District  in  which 
the  laws  of  the  United  States  are  opposed,  or  the  execution 
thereof  obstructed  by  insurgents  and  rebels  against  the  United 
States,  too  powerful  to  be  suppressed  by  the  ordinary  course  of 
judicial  proceedings,  to  resist  or  interfere  with  the  unrestrained 
use  by  Government  of  the  property  described  in  the  preceding 
section,  or  any  attempt  to  injure  or  destroy  the  property  afore 
said,  shall  be  punished  as  a  military  offence,  by  death,  or  such 
other  penalty  as  a  court-martial  may  impose. 

SEC.  3.  And  be  it  further  enacted,  That  three  commissioners 
shall  be  appointed  by  the  President  of  the  United  States,  by 
and  with  the  advice  and  consent  of  the  Senate,  to  assess  and 
determine  the  'damages  suffered,  or  the  compensation  to  which 
any  railroad  or  telegraph  company  may  be  entitled  by  reason  of 
the  railroad  or  telegraph  line  being  seized  and  used  under  the 
authority  conferred  by  this  act,  and  their  award  shall  be  sub 
mitted  to  Congress  for  their  action. 

SEC.  4.  And  be  it  further  enacted,  That  the  transportation  of 
troops,  munitions  of  war,  equipments,  military  property  and 
stores,  throughout  the  United  States,  shall  be  under  the  immedi 
ate  control  and  supervision  of  the  Secretary  of  War  and  such 
agents  as  he  may  appoint ;  and  all  rules,  regulations,  articles, 
usages,  and  laws  in  conflict  with  this  provision  are  hereby  annulled. 

SEC.  5.  And  be  it  further  enacted,  .  .  .  that  the  provisions 
of  this  act,  so  far  as  it  relates  to  the  operating  and  using  said  rail 
roads  and  telegraphs,  shall  not  be  in  force  any  longer  than  is 
necessary  for  the  suppression  of  this  rebellion. 

APPROVED,  January  31,  1862. 

* 

\*L 

No.    13.     Act  prohibiting  the  Coolie  Trade 

February  19,  1862 

A  BILL  to  prohibit  the  coolie  trade  by  American  citizens  was  introduced  in 
the  House,  December  5,  1861,  by  Thomas  D.  Eliot  of  Massachusetts,  and 


1862]  PROHIBITION  OF  THE  COOLIE  TRADE  2$ 

passed  the  House  with  amendments  January  15.  January  31,  with  further 
amendments,  it  passed  the  Senate.  The  House  concurred  in  the  Senate 
amendments  February  14,  and  on  the  I9th  the  act  was  approved.  The  pro 
visions  of  the  act  were  extended  to  Japanese  and  other  oriental  coolies  by  act 
of  February  9,  1869.  An  act  of  March  3,  1875,  chap.  141,  sec.  4,  imposed 
penalties  for  contracting  to  import  coolies,  etc. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  340,  341.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe. 

An  Act  to  prohibit  the  "  Coolie  Trade  "  by  American  Citizens  in 
American  Vessels. 

Be  it  enacted  .  .  .,  That  no  citizen  or  citizens  of  the  United 
States,  or  foreigner  coming  into  or  residing  within  the  same,  shall, 
for  himself  or  for  any  other  person  whatsoever,  either  as  master, 
factor,  owner,  or  otherwise,  build,  equip,  load,  or  otherwise  prepare, 
any  ship  or  vessel,  or  any  steamship  or  steam-vessel,  registered, 
enrolled,  or  licensed,  in  the  United  States,  or  any  port  within  the 
same,  for  the  purpose  of  procuring  from  China,  or  from  any  port 
or  place  therein,  or  from  any  other  port  or  place  the  inhabitants 
or  subjects  of  China,  known  as  "  coolies,"  to  be  transported  to  any 
foreign  country,  port,  or  place  whatever,  to  be  disposed  of,  or  sold, 
or  transferred,  for  any  term  of  years  or  for  any  time  whatever,  as 
servants  or  apprentices,  or  to  be  held  to  service  or  labor.  And 
if  any  ship  or  vessel,  steamship,  or  steam-vessel,  belonging  in 
whole  or  in  part  to  citizens  of  the  United  States,  and  registered, 
enrolled,  or  otherwise  licensed  as  aforesaid,  shall  be  employed  for 
the  said  purposes,  or  in  the  "coolie  trade,"  so  called,  or  shall  be 
caused  to  procure  or  carry  from  China  or  elsewhere,  as  aforesaid, 
any  subjects  of  the  Government  of  China  for  the  purpose  of  trans 
porting  or  disposing  of  them  as  aforesaid,  every  such  ship  or  vessel, 
steamship,  or  steam-vessel,  her  tackle,  apparel,  furniture,  and  other 
appurtenances,  shall  be  forfeited  to  the  United  States,  and  shall 
be  liable  to  be  seized,  prosecuted,  and  condemned  in  any  of  the 
circuit  courts  or  district  courts  of  the  United  States  for  the  district 
where  the  said  ship  or  vessel,  steamship,  or  steam-vessel,  may  be 
found,  seized,  or  carried. 


26  PROHIBITION  OF  THE  COOLIE  TRADE  [Feb.  19 

SEC.  2.  And  be  it  further  enacted,  That  every  person  who  shall 
so  build,  fit  out,  equip,  load,  or  otherwise  prepare,  or  who  shall 
send  to  sea,  or  navigate,  as  owner,  master,  factor,  agent,  or  other 
wise,  any  ship  or  vessel,  steamship,  or  steam -vessel,  belonging  in 
whole  or  in  part  to  citizens  of  the  United  States,  or  registered, 
enrolled,  or  licensed  within  the  same,  or  at  any  port  thereof, 
knowing  or  intending  that  the  same  shall  be  employed  in  that 
trade  or  business  aforesaid,  contrary  to  the  true  intent  and  mean 
ing  of  this  act,  or  in  anywise  aiding  or  abetting  therein,  shall  be 
severally  liable  to  be  indicted  therefor,  and,  on  conviction  thereof, 
shall  be  liable  to  a  fine  not  exceeding  two  thousand  dollars  and 
be  imprisoned  not  exceeding  one  year. 

SEC.  3.  And  be  it  further  enacted,  That  if  any  citizen  or  citizens 
of  the  United  States  shall,  contrary  to  the  true  intent  and  meaning 
of  this  act,  take  on  board  of  any  vessel,  or  receive  or  transport 
any  such  persons  as  are  above  described  in  this  act,  for  the  pur 
pose  of  disposing  of  them  as  aforesaid,  he  or  they  shall  be  liable 
to  be  indicted  therefor,  and,  on  conviction  thereof,  shall  be  liable 
to  a  fine  not  exceeding  two  thousand  dollars  and  be  imprisoned 
not  exceeding  one  year. 

SEC.  4.  And  be  it  further  enacted,  That  nothing  in  this  act 
hereinbefore  contained  shall  be  deemed  or  construed  to  apply  to 
or  affect  any  free  and  voluntary  emigration  of  any  Chinese  sub 
ject,  or  to  any  vessel  carrying  such  person  as  passenger  on  board 
the  same  :  [but  a  consular  certificate  to  be  required  in  such  case]. 

SEC.  5.  [Provisions  of  acts  of  February  22,  1847,  and  March  3, 
1849,  relating  to  passengers  in  merchant  vessels,  to  apply  to  such 
vessels  carrying  passengers  between  foreign  ports.] 

SEC.  6.  And  be  it  further  enacted,  That  the  President  of  the 
United  States  shall  be,  and  he  is  hereby,  authorized  and  em 
powered,  in  such  way  and  at  such  time  as  he  shall  judge  proper  to 
the  end  that  the  provisions  of  this  act  may  be  enforced  according 
to  the  true  intent  and  meaning  thereof,  to  direct  and  order  the 
vessels  of  the  United  States,  and  the  masters  and  commanders 
thereof,  to  examine  all  vessels  navigated  or  owned  in  whole  or  in 
part  by  citizens  of  the  United  States,  and  registered,  enrolled, 


1 862]  ISSUE   OF  LEGAL  TENDER  NOTES  27 

or  licensed  under  the  laws  of  the  United  States,  wherever  they 
may  be,  whenever,  in  the  judgment  of  such  master  or  command 
ing  officer  thereof,  reasonable  cause  shall  exist  to  believe  that  such 
vessel  has  on  board,  in  violation  of  the  provisions  of  this  act,  any 
subjects  of  China  known  as  "  coolies,"  for  the  purpose  of  transpor 
tation  ;  and  upon  sufficient  proof  that  such  vessel  is  employed  in 
violation  of  the  provisions  of  this  act,  to  cause  such  vessel  to  be 
carried,  with  her  officers  and  crew,  into  any  port  or  district  within 
the  United  States,  and  delivered  to  the  marshal  of  such  district, 
to  be  held  and  disposed  of  according  to  the  provisions  of  this  act. 

SEC.  7.  And  be  it  further  enacted,  That  this  act  shall  take  effect 
from  and  after  six  months  from  the  day  of  its  passage. 

APPROVED,  February  19,  1862. 


No.     14.     Act  authorizing  the  Issue  of  Legal 
Tender  Notes 

February  25,  1862 

IN  his  annual  report  of  December  9,  1861,  Secretary  Chase  stated  that 
loans  to  the  amount  of  $200,000,000  would  be  required  to  meet  the  estimated 
expenditures  for  the  fiscal  year  ending  June  30,  1862.  He  proposed  the 
establishment  of  a  national  banking  system,  but  did  not  recommend  the  fur 
ther  issue  of  treasury  notes.  December  28  the  New  York  banks  suspended 
specie  payment.  By  a  joint  resolution  of  January  21,  1862,  Congress  an 
nounced  its  intention  of  raising  $150,000,000  by  taxes  and  duties.  January  22 
Elbridge  G.  Spaulding  of  New  York  reported  to  the  House,  from  the  Com 
mittee  of  Ways  and  Means,  a  bill  to  authorize  the  issue  of  legal  tender  notes, 
etc.,  being  a  substitute  for  a  bill  for  the  issue  of  $100,000,000  demand  notes, 
but  without  the  legal  tender  provision,  reported  by  Spaulding  January  7.  The 
bill  encountered  strong  opposition  both  in  and  out  of  Congress,  but  on  Feb 
ruary  6  it  passed  the  House,  with  various  amendments,  by  a  vote  of  93  to  59. 
On  the  1 3th  the  Senate,  by  a  vote  of  17  to  22,  rejected  an  amendment  strik 
ing  out  the  legal  tender  clause,  and  passed  the  bill  with  amendments  by  a 
vote  of  30  to  7.  The  House  refusing  to  concur  in  the  amendments  of  the 
Senate,  the  bill  went  to  a  conference  committee,  whose  report  was  accepted 
on  the  24th  by  the  House  by  a  vote  of  98  to  22,  and  by  the  Senate  without  a 
division.  The  next  day,  however,  on  the  motion  of  Fessenden,  the  action  of 


28  ISSUE  OF  LEGAL  TENDER  NOTES  [Feb.  25 

the  Senate  was  reconsidered  and  a  second  conference  asked  for.  The  report 
of  this  committee  was  accepted  by  the  houses,  and  on  the  25th  the  act  was 
approved.  A  further  issue  of  legal  tender  notes,  to  the  amount  of  $150,000,000, 
was  authorized  by  an  act  of  July  II,  a  third,  to  the  amount  of  $100,000,000, 
by  a  joint  resolution  of  January  17,  1863,  and  a  fourth,  of  $150,000,000, 
March  3,  1863. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  345-348.  For  the 
proceedings  see  the  House  and  Senate  Journals,  3jth  Cong.,  2d  Sess.,  and  the 
Cong.  Globe,  where  are  also  the  texts  of  the  numerous  amendments  offered. 
Morrill's  substitute,  embodying  the  recommendations  of  business  men  and 
bankers  in  consultation  with  Chase,  and  without  the  legal  tender  clause,  is 
summarized  in  the  Globe  for  February  4.  On  the  constitutionality  of  the  legal 
tender  provision  see  Hepburn  v.  Griswold,  8  Wallace,  603  ;  Legal  Tender 
Cases,  12  ibid.,  457  ;  Juillard  v.  Greenntan,  no  U.S.  Reports,  421.  On  the 
general  subject  see  Hart,  Salmon  P.  Chase,  chaps.  9,  II  ;  McCall,  Thaddeus 
Stevens,  chaps.  9,  10;  Rhodes,  United  States,  III,  558-572  ;  Dewey,  Financial 
History,  chap.  12;  E.  J.  James  in  Publ.  Amer. Econ.  Assoc.,Vo\.  Ill;  Bancroft, 
Plea  for  the  Constitution  ;  John  Sherman,  Recollections,  I,  chap.  12  ;  Elaine, 
Twenty  Years  of  Congress,  I,  chap.  18. 

An  Act  to  authorize  the  Issue  of  United  States  Notes,  and  for  the 
Redemption  or  Funding  thereof y  and  for  Funding  the  Floating 
Debt  of  the  United  States. 

Be  it  enacted  .  .  .,  That  the  Secretary  of  the  Treasury  is 
hereby  authorized  to  issue,  on  the  credit  of  the  United  States, 
one  hundred  and  fifty  millions  of  dollars  of  United  States  notes, 
not  bearing  interest,  payable  to  bearer,  at  the  Treasury  of  the 
United  States,  and  of  such  denominations  as  he  may  deem  ex 
pedient,  not  less  than  five  dollars  each :  Provided,  however,  That 
fifty  millions  of  said  notes  shall  be  in  lieu  of  the  demand  Treas 
ury  notes  authorized  to  be  issued  by  the  act  of  July  seventeen, 
eighteen  hundred  and  sixty-one ;  which  said  demand  notes  shall 
be  taken  up  as  rapidly  as  practicable,  and  the  notes  herein 
provided  for  substituted  for  them:  And  provided  further,  That 
the  amount  of  the  two  kinds  of  notes  together  shall  at  no  time 
exceed  the  sum  of  one  hundred  and  fifty  millions  of  dollars, 
and  such  notes  herein  authorized  shall  be  receivable  in  pay 
ment  of  all  taxes,  internal  duties,  excises,  debts,  and  demands 
of  every  kind  due  to  the  United  States,  except  duties  on  imports, 


1862]  ISSUE  OF  LEGAL  TENDER  NOTES  29 

and  of  all  claims  and  demands  against  the  United  States  of 
every  kind  whatsoever,  except  for  interest  upon  bonds  and 
notes,  which  shall  be  paid  in  coin,  and  shall  also  be  lawful 
money  and  a  legal  tender  in  payment  of  all  debts,  public  and 
private,  within  the  United  States,  except  duties  on  imports  and 
interest  as  aforesaid.  And  any  holders  of  said  United  States 
notes  depositing  any  sum  not  less  than  fifty  dollars,  or  some 
multiple  of  fifty  dollars,  with  the  Treasurer  of  the  United  States, 
or  either  of  the  Assistant  Treasurers,  shall  receive  in  exchange 
therefor  duplicate  certificates  of  deposit,  one  of  which  may  be 
transmitted  to  the  Secretary  of  the  Treasury,  who  shall  there 
upon  issue  to  the  holder  an  equal  amount  of  bonds  of  the  United 
States,  coupon  or  registered,  as  may  by  said  holder  be  desired, 
bearing  interest  at  the  rate  of  six  per  centum  per  annum,  payable 
semi-annually,  and  redeemable  at  the  pleasure  of  the  United 
States  after  five  years,  and  payable  twenty  years  from  the  date 
thereof.  And  such  United  States  notes  shall  be  received  the 
same  as  coin,  at  their  par  value,  in  payment  for  any  loans  that 
may  be  hereafter  sold  or  negotiated  by  the  Secretary  of  the 
Treasury,  and  may  be  re-issued  from  time  to  time  as  the  exigen 
cies  of  the  public  interests  shall  require. 

SEC.  2.  And  be  it  further  enacted,  That  to  enable  the  Secre 
tary  of  the  Treasury  to  fund  the  Treasury  notes  and  floating 
debt  of  the  United  States,  he  is  hereby  authorized  to  issue,  on 
the  credit  of  the  United  States,  coupon  bonds,  or  registered 
bonds,  to  an  amount  not  exceeding  five  hundred  millions  of 
dollars,  redeemable  at  the  pleasure  of  the  United  States  after 
five  years,  and  payable  twenty  years  from  date,  and  bearing 
interest  at  the  rate  of  six  per  centum  per  annum,  payable  semi- 
annually.  And  the  bonds  herein  authorized  shall  be  of  such 
denominations,  not  less  than  fifty  dollars,  as  may  be  determined 
upon  by  the  Secretary  of  the  Treasury.  And  the  Secretary  of 
the  Treasury  may  dispose  of  such  bonds  at  any  time,  at  the 
market  value  thereof,  for  the  coin  of  the  United  States,  or  for 
any  of  the  Treasury  notes  that  have  been  or  may  hereafter  be 
issued  under  any  former  act  of  Congress,  or  for  United  States 


30  ISSUE  OF   LEGAL  TENDER  NOTES  [Feb.  25 

notes  that  may  be  issued  under  the  provisions  of  this  act ;  and 
all  stocks,  bonds,  and  other  securities  of  the  United  States  held 
by  individuals,  corporations,  or  associations,  within  the  United 
States,  shall  be  exempt  from  taxation  by  or  under  State 
authority. 

SEC.  3.  [Form  of  treasury  notes  and  coupon  or  registered 
bonds ;  how  signed,  countersigned,  and  sealed.  Provisions  of 
act  of  December  23,  1857,  revived.  Appropriation  of  $300,000 
to  carry  the  act  into  effect.] 

SEC.  4.  And  be  it  further  enacted.  That  the  Secretary  of  the 
Treasury  may  receive  from  any  person  or  persons,  or  any  cor 
poration,  United  States  notes  on  deposit  for  not  less  than  thirty 
days,  in  sums  of  not  less  than  one  hundred  dollars,  with  any  of 
the  Assistant  Treasurers  or  designated  depositaries  of  the 
United  States  authorized  by  the  Secretary  of  the  Treasury  to 
receive  them,  who  shall  issue  therefor  certificates  of  deposit, 
made  in  such  form  as  the  Secretary  of  the  Treasury  shall  pre 
scribe,  and  said  certificates  of  deposit  shall  bear  interest  at  the 
rate  of  five  per  centum  per  annum ;  and  any  amount  of  United 
States  notes  so  deposited  may  be  withdrawn  from  deposit  at 
any  time  after  ten  days'  notice  on  the  return  of  said  certificates : 
Provided,  That  the  interest  on  all  such  deposits  shall  cease 
and  determine  at  the  pleasure  of  the  Secretary  of  the  Treasury : 
And  provided  further,  That  the  aggregate  of  such  deposit  shall 
at  no  time  exceed  the  amount  of  twenty-five  millions  of  dollars. 

SEC.  5.  And  be  it  further  enacted,  That  all  duties  on  imported 
goods  shall  be  paid  in  coin,  or  in  notes  payable  on  demand 
heretofore  authorized  to  be  issued  and  by  law  receivable  in  pay 
ment  of  public  dues,  and  the  coin  so  paid  shall  be  set  apart  as 
a  special  fund,  and  shall  be  applied  as  follows : 

First.  To  the  payment  in  coin  of  the  interest  on  the  bonds 
and  notes  of  the  United  States. 

Second.  To  the  purchase  or  payment  of  one  per  centum  of 
the  entire  debt  of  the  United  States,  to  be  made  within  each 
fiscal  year  after  the  first  day  of  July,  eighteen  hundred  and 
sixty-two,  which  is  to  be  set  apart  as  a  sinking  fund,  and  the 


1 862]  ADDITIONAL  ARTICLE  OF  WAR  31 

interest  of  which  shall  in  like  manner  be  applied  to  the  purchase 
or  payment  of  the  public  debt  as  the  Secretary  of  the  Treasury 
shall  from  time  to  time  direct. 

Third.  The  residue  thereof  to  be  paid  into  the  Treasury  of 
the  United  States. 

[Sections  6  and  7  provide  for  the  punishment  of  counterfeit 
ing  or  altering  treasury  notes.] 

APPROVED,  February  25,  1862. 


No.    15.     Act  for  an  Additional  Article  of  War 

March  13,  1862 

JULY  9,  1861,  the  House  of  Representatives,  by  a  vote  of  92  to  55,  resolved 
that  "  it  is  no  part  of  the  duty  of  the  soldiers  of  the  United  States  to  capture 
and  return  fugitive  slaves."  December  23  the  House  Committee  on  Military 
Affairs  was  instructed  to  report  a  bill  to  make  an  additional  article  of  war  for 
bidding  the  use  of  the  United  States  troops  to  return  fugitives  from  service  or 
labor.  A  bill  to  that  effect  was  reported  February  25,  and  passed,  after  much 
obstructive  opposition,  by  a  vote  of  95  to  51.  March  10,  in  the  Senate,  an 
amendment "  that  this  article  shall  not  apply  in  the  States  of  Delaware,  Mary 
land,  Missouri,  and  Kentucky,  nor  elsewhere  where  the  federal  authority  is 
recognized  or  can  be  enforced,"  was  rejected,  and  the  bill,  by  a  vote  of  29  to  9, 
passed. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  354.  For  the  debates 
see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sessv  and  the  Cong.  Globe. 
Various  military  orders  and  reports  relating  to  the.  subject  are  collected  in 
McPherson,  Rebellion,  244  seq. 

An  Act  to  make  an  additional  Article  of  War. 

Be  it  enacted .  .  .,  That  hereafter  the  following  shall  be  pro 
mulgated  as  an  additional  article  of  war  for  the  government  of 
the  army  of  the  United  States,  and  shall  be  obeyed  and  observed 
as  such : 

Article  — .  All  officers  or  persons  in  the  military  or  naval  ser 
vice  of  the  United  States  are  prohibited  from  employing  any  of 
the  forces  under  their  respective  commands  for  the  purpose  of 
returning  fugitives  from  service  or  labor,  who  may  have  escaped 


32  PURCHASE  OF  COIN  [March  17 

from  any  persons  to  whom  such  service  or  labor  is  claimed  to  be 
due,  and  any  officer  who  shall  be  found  guilty  by  a  court-martial 
of  violating  this  article  shall  be  dismissed  from  the  service. 

SEC.  2.  And  be  it  further  enacted,  That  this  act  shall  take 
effect  from  and  after  its  passage. 

APPROVED,  March  13,  1862. 


No.    1 6.     Act  authorizing  further  Purchase  of 

Coin 

March  17,  1862 

THE  immediate  occasion  for  so  much  of  the  act  of  March  17  as  relates  to 
the  purchase  of  coin  was  the  inability  of  the  treasury  to  obtain,  under  existing 
laws,  enough  coin  to  pay  the  interest  on  the  public  debt.  The  bill,  in  sub 
stance  as  suggested  by  the  Treasury  Department,  was  introduced  in  the  House, 
March  6,  by  Thaddeus  Stevens,  from  the  Committee  of  Ways  and  Means,  and 
passed  the  next  day.  The  Senate  added  the  provisions  contained  in  section 
three  of  the  act,  the  bill  receiving  its  final  form  from  a  conference  committee. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  370.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe. 

An  Act  to  authorize  the  Purchase  of  Com,  and  for  other  Purposes. 

Be  it  enacted .  .  .,  That  the  Secretary  of  the  Treasury  may 
purchase  coin  with  any  of  the  bonds  or  notes  of  the  United 
States,  authorized  by  law,  at  such  rates  and  upon  such  terms  as 
he  may  deem  most  advantageous  to  the  public  interest ;  and 
may  issue,  under  such  rules  and  regulations  as  he  may  prescribe, 
certificates  of  indebtedness,  such  as  are  authorized  by  an  act 
entitled  "  An  act  to  authorize  the  Secretary  of  the  Treasury 
to  issue  certificates  of  indebtedness  to  public  creditors," 
approved  March  first,  eighteen  hundred  and  sixty-two,1  to  such 

1  The  act  provided  that  '  the  Secretary  of  the  Treasury  be,  and  he  is  hereby 
authorized,  to  cause  to  be  issued  to  any  public  creditor  who  may  be  desirous  to 
receive  the  same,  upon  requisition  of  the  Head  of  the  proper  Department  in  satis- 


i862]  PURCHASE  OF  COIN  33 

creditors  as  may  desire  to  receive  the  same,  in  discharge  of 
checks  drawn  by  disbursing  officers  upon  sums  placed  to  their 
credit  on  the  books  of  the  Treasurer,  upon  requisitions  of  the 
proper  departments,  as  well  as  in  discharge  of  audited  and  set 
tled  accounts,  as  provided  by  said  act. 

SEC.  2 .  And  be  it  further  enacted,  That  the  demand  notes  author 
ized  by  the  act  of  July  seventeenth,  eighteen  hundred  and  sixty- 
one,  and  by  the  act  of  February  twelfth,  eighteen  hundred  and 
sixty-two,  shall,  in  addition  tobeing  receivable  in  payment  of  duties 
on  imports,  be  receivable,  and  shall  be  lawful  money  and  a  legal 
tender,  in  like  manner,  and  for  the  same  purposes,  and  to  the 
same  extent,  as  the  notes  authorized  by  an  act  entitled  "  An  act 
to  authorize  the  issue  of  United  States  notes,  and  for  the  re 
demption  or  funding  thereof,  and  for  funding  the  floating  debt 
of  the  United  States,"  approved  February  twenty-fifth,  eighteen 
hundred  and  sixty-two. 

SEC.  3.  And  be  it  further  enacted,  That  the  limitation  upon 
temporary  deposits  of  United  States  notes  with  any  assistant 
treasurers  or  designated  depositaries,  authorized  by  the  Secre 
tary  of  the  Treasury  to  receive  such  deposits,  at  five  per  cent, 
interest,  to  twenty-five  millions  of  dollars,  shall  be  so  far  modi 
fied  as  to  authorize  the  Secretary  of  the  Treasury  to  receive  such 
deposits  to  an  amount  not  exceeding  fifty  millions  of  dollars, 
and  that  the  rates  of  interest  shall  be  prescribed  by  the  Secre 
tary  of  the  Treasury  not  exceeding  the  annual  rate  of  five 
per  centum. 

SEC.  4.  [The  Secretary  of  the  Treasury  in  reissuing  notes 
may  replace  mutilated  ones.] 

APPROVED,  March  17,  1862. 

faction  of  audited  and  settled  demands  against  the  United  States,  certificates  for  the 
whole  amount  due  or  parts  thereof  not  less  than  one  thousand  dollars,  signed  by 
the  Treasurer  of  the  United  States,  and  countersigned  as  may  be  directed  by  the 
Secretary  of  the  Treasury  ;  which  certificate  shall  be  payable  in  one  year  from  date 
or  earlier,  at  the  option  of  the  Government,  and  shall  bear  interest  at  the  rate  of  six 
per  centum  per  annum." 


34  COMPENSATED   EMANCIPATION  [April  10 

No.    17.     Joint  Resolution  on  Compensated 
Emancipation 

April  10,  1862 

THE  first  proposition  for  compensated  emancipation  seems  to  have  been 
brought  forward  by  James  B.  McKean  of  New  York,  who  introduced  in  the 
House,  February  II,  1861,  a  resolution  for  the  appointment  of  a  select  com 
mittee  to  inquire  into  the  practicability  of  emancipating  the  slaves  in  the  bor 
der  States.  No  action  was  taken  on  the  resolution.  In  a  special  message  to 
Congress,  March  6,  1862,  Lincoln  recommended  the  adoption  of  a  resolution 
in  the  identical  terms  of  the  resolution  following.  The  resolution  was  intro 
duced  in  the  House,  March  10,  by  Roscoe  Conkling  of  New  York,  under  sus 
pension  of  the  rules,  and  the  next  day  passed  by  a  vote  of  97  to  36.  The 
Senate  passed  the  resolution  April  2,  the  vote  being  32  to  10.  April  7,  by  a 
vote  of  67  to  52,  the  House  adopted  a  resolution,  submitted  by  Albert  S. 
White  of  Indiana,  for  the  appointment  of  a  select  committee  of  nine  on  com 
pensated  emancipation  in  the  border  States.  On  March  10,  and  again  on 
July  12,  Lincoln  had  interviews  with  representatives  of  the  border  States,  but 
the  conferences  were  fruitless.  In  his  proclamation  of  May  19,  setting  aside 
General  Hunter's  proclamation  declaring  free  the  slaves  in  Georgia,  Florida, 
and  South  Carolina,  Lincoln  made  an  earnest  plea  for  the  acceptance  of  the 
offer  proposed  by  the  resolution,  while  in  his  annual  message  of  December  I, 
1862,  he  discussed  the  subject  at  length,  and  proposed  an  amendment  to  the 
Constitution  to  carry  the  plan  into  effect.  Bills  providing  for  compensated 
emancipation  in  Missouri  and  Maryland  were  introduced  in  the  House  in 
January,  1863,  but  failed  to  pass. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XII,  617.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  1st  Sess.,  and  the 
Cong.  Globe.  Papers  relating  to  Lincoln's  interviews  with  representatives  of 
the  border  States  are  in  McPherson,  Rebellion,  213-220.  See  also  Senate  Re 
port  12  and  House  Report  148,  37th  Cong.,  2d  Sess.;  House  Report  33,  39th 
Cong.,  ist  Sess.;  Rhodes,  United  States,  III,  630-636;  Nicolay  and  Hay, 
Lincoln,  V,  chap.  12. 

Joint  Resolution  declaring  that  the  United  States  ought  to  cooperate 
with,  affording  pecuniary  Aid  to  any  State  which  may  adopt  the 
gradual  Abolishment  of  Slavery. 

Be  it  resolved  .  .  .,  That  the  United  States  ought  to  cooper 
ate  with  any  State  which  may  adopt  gradual  abolishment  of 


1 862]  SLAVERY  IN  DISTRICT  OF  COLUMBIA  35 

slavery,  giving  to  such  State  pecuniary  aid,  to  be  used  by  such 
State  in  its  discretion,  to  compensate  for  the  inconveniences, 
public  and  private,  produced  by  such  change  of  system. 
APPROVED,  April  10,  1862. 


No.  1 8.     Act  abolishing  Slavery  in  the  District 
of  Columbia 

April  16,  1862 

A  BILL  "  for  the  release  of  certain  persons  held  to  service  or  labor  in  the 
District  of  Columbia"  was  introduced  in  the  Senate,  December  16,  1861,  by 
Henry  Wilson  of  Massachusetts.  The  debate  on  the  bill  began  March  12  and 
developed  much  opposition,  but  April  3,  by  a  vote  of  29  to  14,  the  bill  passed. 
In  the  House  a  motion  to  reject  the  bill  was  lost,  45  to  93,  and  on  the  nth  the 
bill  passed,  the  final  vote  being  85  to  40.  In  his  message  of  approval  Lincoln 
suggested  that  further  time  be  allowed  for  the  presentation  of  claims,  and  that 
provision  be  made  for  "  minors,  femmes  covert,  insane,  or  absent  persons"  ; 
and  a  supplementary  act  was  passed  July  12  embodying  these  changes.  The 
civil  appropriation  act  of  July  16  made  an  appropriation  of  $500,000  for  the 
removal  and  colonization  of  the  emancipated  negroes,  but  this,  as  to  the  unex 
pended  balance,  together  with  section  eleven  of  the  act  of  April  16,  was  re 
pealed  by  the  civil  appropriation  act  of  July  2,  1864.  Acts  of  May  20  and  21 
provided  for  the  education  of  colored  children  in  the  District. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  376-378.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  Calvert's  minority  report,  March  12,  is  House  Report  58.  For 
a  report  of  the  commissioners  see  House  Exec.  Doc.  42,  38th  Cong.,  ist  Sess. 

An  Act  for  the  Release  of  certain  Persons  held  to  Service  or  Labor 
in  the  District  of  Columbia. 

Be  it  enacted  .  .  .,  That  all  persons  held  to  service  or  labor 
within  the  District  of  Columbia  by  reason  of  African  descent  are 
hereby  discharged  and  freed  of  and  from  all  claim  to  such  service 
or  labor ;  and  from  and  after  the  passage  of  this  act  neither  slav 
ery  nor  involuntary  servitude,  except  for  crime,  whereof  the  party 
shall  be  duly  convicted,  shall  hereafter  exist  in  said  District. 

SEC.  2.   And  be  it  further  enacted,  That  all  persons  loyal  to  the 


36  SLAVERY  IN  DISTRICT  OF  COLUMBIA          [April  16 

United  States,  holding  claims  to  service  or  labor  against  persons 
discharged  therefrom  by  this  act,  may,  within  ninety  days  from  the 
passage  thereof,  but  not  thereafter,  present  to  the  commissioners 
hereinafter  mentioned  their  respective  statements  or  petitions  in 
writing,  verified  by  oath  or  affirmation,  setting  forth  the  names, 
ages,  and  personal  description  of  such  persons,  the  manner  in  which 
said  petitioners  acquired  such  claim,  and  any  facts  touching  the 
value  thereof,  and  declaring  his  allegiance  to  the  Government  of 
the  United  States,  and  that  he  has  not  borne  arms  against  the 
United  States  during  the  present  rebellion,  nor  in  any  way  given 
aid  or  comfort  thereto  :  Provided,  That  the  oath  of  the  party  to 
the  petition  shall  not  be  evidence  of  the  facts  therein  stated. 

SEC.  3.  And  be  it  further  enacted.  That  the  President  of  the 
United  States,  with  the  advice  and  consent  of  the  Senate,  shall 
appoint  three  commissioners,  residents  of  the  District  of  Colum 
bia,  any  two  of  whom  shall  have  power  to  act,  who  shall  receive 
the  petitions  above  mentioned,  and  who  shall  investigate  and  de 
termine  the  validity  and  value  of  the  claims  therein  presented,  as 
aforesaid,  and  appraise  and  apportion,  under  the  proviso  hereto 
annexed,  the  value  in  money  of  the  several  claims  by  them  found 
to  be  valid  :  Provided,  however,  That  the  entire  sum  so  appraised 
and  apportioned  shall  not  exceed  in  the  aggregate  an  amount  equal 
to  three  hundred  dollars  for  each  person  shown  to  have  been  so 
held  by  lawful  claim  :  And  provided,  further,  That  no  claim  shall 
be  allowed  for  any  slave  or  slaves  brought  into  said  District  after 
the  passage  of  this  act,  nor  for  any  slave  claimed  by  any  person 
who  has  borne  arms  against  the  Government  of  the  United  States 
in  the  present  rebellion,  or  in  any  way  given  aid  or  comfort  thereto, 
or  which  originates  in  or  by  virtue  of  any  transfer  heretofore  made, 
or  which  shall  hereafter  be  made  by  any  person  who  has  in  any 
manner  aided  or  sustained  the  rebellion  against  the  Government 
of  the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That  said  commissioners  shall, 
within  nine  months  from  the  passage  of  this  act,  make  a  full  and 
final  report  of  their  proceedings,  findings,  and  appraisement,  and 
shall  deliver  the  same  to  the  Secretary  of  the  Treasury,  which  report 


1 862]  SLAVERY  IN  DISTRICT  OF  COLUMBIA  37 

shall  be  deemed  and  taken  to  be  conclusive  in  all  respects,  except 
as  hereinafter  provided ;  and  the  Secretary  of  the  Treasury  shall, 
with  like  exception,  cause  the  amounts  so  apportioned  to  said 
claims  to  be  paid  from  the  Treasury  of  the  United  States  to  the 
parties  found  by  said  report  to  be  entitled  thereto  as  aforesaid, 
and  the  same  shall  be  received  in  full  and  complete  compensation  : 
Provided,  That  in  cases  where  petitions  may  be  filed  presenting 
conflicting  claims,  or  setting  up  liens,  said  commissioners  shall  so 
specify  in  said  report,  and  payment  shall  not  be  made  according 
to  the  award  of  said  commissioners  until  a  period  of  sixty  days 
shall  have  elapsed,  during  which  time  any  petitioner  claiming  an  in 
terest  in  the  particular  amount  may  file  a  bill  in  equity  in  the  Circuit 
Court  of  the  District  of  Columbia,  making  all  other  claimants  defend 
ants  thereto,  setting  forth  the  proceedings  in  such  case  before  said 
commissioners  and  their  action  therein,  and  praying  that  the  party 
to  whom  payment  has  been  awarded  may  be  enjoined  from  receiv 
ing  the  same  ;  and  if  said  court  shall  grant  such  provisional  order,  a 
copy  thereof  may,  on  motion  of  said  complainant,  be  served  upon 
the  Secretary  of  the  Treasury,  who  shall  thereupon  cause  the  said 
amount  of  money  to  be  paid  into  said  court,  subject  to  its  orders 
and  final  decree,  which  payment  shall  be  in  full  and  complete 
compensation,  as  in  other  cases. 

SEC.  5.  And  be  it  further  enacted,  That  said  commissioners  shall 
hold  their  sessions  in  the  city  of  Washington,  at  such  place  and 
times  as  the  President  of  the  United  States  may  direct,  of  which 
they  shall  give  due  and  public  notice.  They  shall  have  power  to 
subpoena  and  compel  the  attendance  of  witnesses,  and  to  receive 
testimony  and  enforce  its  production,  as  in  civil  cases  before  courts 
of  justice,  without  the  exclusion  of  any  witness  on  account  of  color ; 
and  they  may  summon  before  them  the  persons  making  claim  to 
service  or  labor,  and  examine  them  under  oath ;  and  they  may 
also,  for  purposes  of  identification  and  appraisement,  call  before 
them  the  persons  so  claimed.  .  .  .  [Commissioners  to  appoint  a 
clerk.  The  Marshal  of  the  District  of  Columbia  to  attend  and 
execute  process.] 

SEC.  6.   [Compensation  of  commissioners,  expenses,  etc.] 


38  SLAVERY  IN  DISTRICT  OF  COLUMBIA          [April  16 

SEC.  7.  [Appropriation  of  $1,000,000  to  carry  the  act  into 
effect.] 

SEC.  8.  And  be  it  further  enacted,  That  any  person  or  persons 
who  shall  kidnap,  or  in  any  manner  transport  or  procure  to  be 
taken  out  of  said  District,  any  person  or  persons  discharged  and 
freed  by  the  provisions  of  this  act,  or  any  free  person  or  persons 
with  intent  to  re-enslave  or  sell  such  person  or  persons  into  slavery, 
or  shall  re-enslave  any  of  said  freed  persons,  the  person  or  persons 
so  offending  shall  be  deemed  guilty  of  a  felony,  and  on  conviction 
thereof  in  any  court  of  competent  jurisdiction  in  said  District,  shall 
be  imprisoned  in  the  penitentiary  not  less  than  five  nor  more  than 
twenty  years. 

SEC.  9.  And  be  it  further  enacted,  That  within  twenty  days,  or 
within  such  further  time  as  the  commissioners  herein  provided  for 
shall  limit,  after  the  passage  of  this  act,  a  statement  in  writing  or 
schedule  shall  be  filed  with  the  clerk  of  the  Circuit  Court  for  the 
District  of  Columbia,  by  the  several  owners  or  claimants  to  the 
services  of  the  persons  made  free  or  manumitted  by  this  act,  setting 
forth  the  names,  ages,  sex,  and  particular  description  of  such  per 
sons,  severally ;  and  the  said  clerk  shall  receive  and  record,  in  a 
book  by  him  to  be  provided  and  kept  for  that  purpose,  the  said 
statements  or  schedules  on  receiving  fifty  cents  each  therefor,  and 
no  claim  shall  be  allowed  to  any  claimant  or  owner  who  shall 
neglect  this  requirement. 

SEC.  10.  And  be  it  further  enacted,  That  the  said  clerk  and  his 
successors  in  office  shall,  from  time  to  time,  on  demand,  and  on 
receiving  twenty-five  cents  therefor,  prepare,  sign,  and  deliver  to 
each  person  made  free  or  manumitted  by  this  act,  a  certificate 
under  the  seal  of  said  court,  setting  out  the  name,  age,  and  de 
scription  of  such  person,  and  stating  that  such  person  was  duly 
manumitted  and  set  free  by  this  act. 

SEC.  1 1 .  And  be  it  further  enacted,  That  the  sum  of  one  hun 
dred  thousand  dollars,  out  of  any  money  in  the  Treasury  not  other 
wise  appropriated,  is  hereby  appropriated,  to  be  expended  under 
the  direction  of  the  President  of  the  United  States,  to  aid  in  the 
colonization  and  settlement  of  such  free  persons  of  African  descent 


1 862]  TAXES  IN  INSURRECTIONARY  STATES  39 

now  residing  in  said  District,  including  those  to  be  liberated  by 
this  act,  as  may  desire  to  emigrate  to  the  Republics  of  Hayti  or 
Liberia,  or  such  other  country  beyond  the  limits  of  the  United 
States  as  the  President  may  determine  :  Provided,  The  expenditure 
for  this  purpose  shall  not  exceed  one  hundred  dollars  for  each 
emigrant. 

SEC.  12.  And  be  it  further  enacted,  That  all  acts  of  Congress 
and  all  laws  of  the  State  of  Maryland  in  force  in  said  District,  and 
all  ordinances  of  the  cities  of  Washington  and  Georgetown,  incon 
sistent  with  the  provisions  of  this  act,  are  hereby  repealed. 

APPROVED,  April  16,  1862. 


No.    19.     Collection  of  Direct  Taxes  in  Insur 
rectionary  States 

June  7,  1862 

A  BILL  for  the  collection  of  direct  taxes  in  insurrectionary  States  was  intro 
duced  in  the  Senate,  April  29,  1862,  by  James  R.  Doolittle  of  Wisconsin,  and 
passed  with  amendments,  May  12,  by  a  vote  of  32  to  3.  The  House  added 
numerous  amendments,  mainly  verbal,  and  passed  the  bill  May  28,  by  a  vote 
of  98  to  17.  June  2  the  Senate  agreed,  with  an  amendment,  to  the  bill  as 
passed  by  the  House.  The  House  concurred  in  the  action  of  the  Senate,  and 
on  the  7th  the  act  was  approved.  A  proclamation  under  section  two  of  the 
act  was  issued  July  I. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  422-426.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  On  the  collection  of  direct  taxes  in  the  South  see  House  Exec. 
Doc.  /jj,  39th  Cong.,  1st  Sess.;  House  Report  908,  45th  Cong.,  2d  Sess.; 
House  Report  168,  46th  Cong.,  2d  Sess.;  acts  of  May  9  and  June  8,  1872. 

An  Act  for  the  Collection  of  direct  Taxes  in  Insurrectionary  Dis 
tricts  within  the  United  States,  and  for  other  Purposes. 

Be  it  enacted  .  .  .,  That  when  in  any  State  or  Territory,  or 
in  any  portion  of  any  State  or  Territory,  by  reason  of  insurrection 
or  rebellion,  the  civil  authority  of  the  Government  of  the  United 
States  is  obstructed  so  that  the  provisions  of  the  act  entitled  "  An 


4O  TAXES  IN   INSURRECTIONARY  STATES  [June  7 

Act  to  provide  increased  revenue  from  imports,  to  pay  interest  on  the 
public  debt,  and  for  other  purposes,"  approved  August  fifth,  eigh 
teen  hundred  and  sixty-one,  for  assessing,  levying,  and  collecting 
the  direct  taxes  therein  mentioned,  cannot  be  peaceably  executed, 
the  said  direct  taxes,  by  said  act  apportioned  among  the  several 
States  and  Territories,  respectively,  shall  be  apportioned  and 
charged  in  each  State  and  Territory,  or  part  thereof,  wherein  the 
civil  authority  is  thus  obstructed,  upon  all  the  lands  and  lots  of 
ground  situate  therein,  respectively,  except  such  as  are  exempt 
from  taxation  by  the  laws  of  said  State  or  of  the  United  States,  as 
the  said  lands  or  lots  of  ground  were  enumerated  and  valued 
under  the  last  assessment  and  valuation  thereof  made  under  the 
authority  of  said  State  or  Territory  previous  to  the  first  day  of 
January,  anno  Domini  eighteen  hundred  and  sixty-one ;  and  each 
and  every  parcel  of  the  said  lands,  according  to  said  valuation,  is 
hereby  declared  to  be,  by  virtue  of  this  act,  charged  with  the  pay 
ment  of  so  much  of  the  whole  tax  laid  and  apportioned  by  said 
act  upon  the  State  or  Territory  wherein  the  same  is  respectively 
situate,  as  shall  bear  the  same  direct  proportion  to  the  whole 
amount  of  the  direct  tax  apportioned  to  said  State  or  Territory  as 
the  value  of  said  parcels  of  land  shall  respectively  bear  to  the 
whole  valuation  of  the  real  estate  in  said  State  or  Territory  accord 
ing  to  the  said  assessment  and  valuation  made  under  the  author 
ity  of  the  same ;  and  in  addition  thereto  a  penalty  of  fifty  per 
centum  of  said  tax  shall  be  charged  thereon. 

SEC.  2.  And  be  it  further  enacted,  That  on  or  before  the  first 
day  of  July  next,  the  President,  by  his  proclamation,  shall  declare 
in  what  States  and  parts  of  States  said  insurrection  exists,  and 
thereupon  the  said  several  lots  or  parcels  of  land  shall  become 
charged  respectively  with  their  respective  portions  of  said  direct 
tax,  and  the  same  together  with  the  penalty  shall  be  a  lien  thereon, 
without  any  other  or  further  proceeding  whatever. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
owner  or  owners  of  said  lots  or  parcels  of  lands,  within  sixty  days 
after  the  tax  commissioners  herein  named  shall  have  fixed  the 
amount,  to  pay  the  tax  thus  charged  upon  the  same,  respectively, 


1862]  TAXES  IN   INSURRECTIONARY  STATES  41 

into  the  treasury  of  the  United  States,  or  to  the  commissioners 
herein  appointed,  and  take  a  certificate  thereof,  by  virtue  whereof 
the  said  lands  shall  be  discharged  from  said  tax. 

SEC.  4.  And  be  it  further  enacted,  That  the  title  of,  in,  and  to 
each  and  every  piece  or  parcel  of  land  upon  which  said  tax  has 
not  been  paid  as  above  provided,  shall  thereupon  become  for 
feited  to  the  United  States,  and,  upon  the  sale  hereinafter  provided 
for,  shall  vest  in  the  United  States  or  in  the  purchasers  at  such 
sale,  in  fee  simple,  free  and  discharged  from  all  prior  liens,  in- 
cumbrances,  right,  title,  and  claim  whatsoever. 

[Sections  5-8  provide  for  the  appointment  of  tax  commissioners 
for  each  State,  the  sale  of  land  for  taxes,  etc.1] 

SEC.  9.  And  be  it  further  enacted,  That  in  cases  where  the  owners 
of  said  lots  and  parcels  of  ground  have  abandoned  the  same,  and 
have  not  paid  the  tax  thereon  as  provided  for  in  the  third  section 
of  this  act,  nor  paid  the  same,  nor  redeemed  the  said  land  from 
sale  as  provided  for  in  the  seventh  section  of  this  act,  and  the  said 
board  of  commissioners  shall  be  satisfied  that  said  owners  have 
left  the  same  to  join  the  rebel  forces  or  otherwise  to  engage  in 
and  abet  this  rebellion,  and  the  same  shall  have  been  struck  off 
to  the  United  States  at  said  sale,  the  said  commissioners  shall,  in 
the  name  of  the  United  States,  enter  upon  and  take  possession 
of  the  same,  and  may  lease  the  same,  together  or  in  parcels, 
to  any  person  or  persons  who  are  citizens  of  the  United 
States,  or  may  have  declared  on  oath  their  intention  to  become 
such,  until  the  said  rebellion  and  insurrection  in  said  State  shall 
be  put  down,  and  the  civil  authority  of  the  United  States  estab 
lished,  and  until  the  people  of  said  State  shall  elect  a  Legislature 
and  State  officers,  who  shall  take  an  oath  to  support  the  Constitu 
tion  of  the  United  States,  to  be  announced  by  the  proclamation 
of  the  President,  and  until  the  first  day  of  March  next  thereafter, 
said  leases  to  be  in  such  form  and  with  such  security  as  shall,  in 
the  judgment  of  said  Commissioners,  produce  to  the  United  States 
the  greatest  revenue. 

1  Section  7,  relating  to  sales,  was  amended  by  acts  of  February  6,  1863,  and 
March  3,  1865. 


42  ABOLITION  OF  SLAVERY  [June  19 

SEC.  10.  And  be  it  further  enacted,  That  the  said  commissioners 
shall  from  time  to  time  make  such  temporary  rules  and  regula 
tions,  and  insert  such  clauses  in  said  leases  as  shall  be  just  and 
proper  to  secure  proper  and  reasonable  employment  and  support, 
at  wages  or  upon  shares  of  the  crop,  of  such  persons  and  families 
as  may  be  residing  upon  the  said  parcels  or  lots  of  land,  which 
said  rules  and  regulations  are  declared  to  be  subject  to  the 
approval  of  the  President. 

SEC.  ii.  [Commissioners  may  sell  instead  of  leasing.] 
SEC.  12.  And  be  it  further  enacted,  That  the  proceeds  of  said 
leases  and  sales  shall  be  paid  into  the  Treasury  of  the  United 
States,  one  fourth  of  which  shall  be  paid  over  to  the  Governor  of 
said  State  wherein  said  lands  are  situated,  or  his  authorized  agent, 
when  such  insurrection  shall  be  put  down,  and  the  people  shall 
elect  a  Legislature  and  State  officers  who  shall  take  an  oath  to 
support  the  Constitution  of  the  United  States,  and  such  fact  shall 
be  proclaimed  by  the  President  for  the  purpose  of  reimbursing 
the  loyal  citizens  of  said  State,  or  such  other  purpose  as  said  State 
may  direct ;  and  one  fourth  shall  also  be  paid  over  to  said  State 
as  a  fund  to  aid  in  the  colonization  or  emigration  from  said 
State  of  any  free  person  of  African  descent  who  may  desire  to 
remove  therefrom  to  Hayti,  Liberia,  or  any  other  tropical  state 
or  colony. 

[Sections  13-15  contain  minor  administrative  provisions.] 
SEC.  1 6.   And  be  it  further  enacted,  That  this  act  shall  take  effect 
from  and  after  its  passage. 
APPROVED,  June  7,  1862. 


No.  20.     Abolition  of  Slavery  in  the  Territories 

June  19,  1862 

MARCH  24,  1862,  Isaac  N.  Arnold  of  Illinois  introduced  in  the  House  a  bill 
"  to  render  freedom  national  and  slavery  sectional."  Another  bill  with  a  simi 
lar  title  was  introduced  May  I  by  Owen  Lovejoy  of  Illinois.  The  latter  bill, 
with  amended  title,  was  reported  May  8  as  a  substitute  for  the  Arnold  bill,  and 


1 862]  ANTI-POLYGAMY  ACT  43 

on  the  1 2th  passed  the  House  by  a  vote  of  85  to  50.  The  Senate,  June  9, 
amended  the  House  bill  by  substituting  the  text  of  the  act  as  passed,  the  vote 
being  28  to  10.  On  the  i;th  the  House  concurred  in  the  Senate  amendment, 
and  on  the  igth  the  act  was  approved.  The  prohibition  of  the  act  was  in 
corporated  in  the  later  acts  organizing  the  Territories  of  Arizona  and  Idaho. 
REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  432.  For  the  proceed 
ings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and  the  Cong. 
Globe. 

An  Act  to  secure  Freedom  to  all  Persons  within  the  Territories 
of  the  United  States. 

Be  it  enacted .  .  .,  That  from  and  after  the  passage  of  this 
act  there  shall  be  neither  slavery  nor  involuntary  servitude  in  any  of 
the  Territories  of  the  United  States  now  existing,  or  which  may  at 
any  time  hereafter  be  formed  or  acquired  by  the  United  States, 
otherwise  than  in  punishment  of  crimes  whereof  the  party  shall 
have  been  duly  convicted. 

APPROVED,  June  19,  1862. 


No.   21.     Anti-Polygamy  Act 

July  i,  1862 

A  BILL  to  prevent  and  punish  polygamy  in  the  Territories,  and  annulling 
certain  acts  of  the  legislative  assembly  of  Utah,  was  introduced  in  the  House 
by  unanimous  consent,  April  8,  1862,  by  Morrill  of  Vermont.  The  bill  was 
said  to  be  identical  with  a  bill  relating  to  the  same  subject  which  had  passed 
the  House  April  5,  1860,  save  that  the  earlier  bill  did  not  include  the  District 
of  Columbia.  The  bill  passed  the  House  April  28.  The  Senate  Committee 
on  Judiciary,  alleging  that  the  bill  went  farther  than  the  punishment  of  polyg 
amy,  reported  a  substitute,  which  was  agreed  to  June  3  by  a  vote  of  37  to  2. 
On  the  24th  the  House  concurred  in  the  Senate  amendment,  and  July  I  the 
act  was  approved. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XII,  501,  502.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  There  was  no  important  debate  in  the  House.  On  the  bill  of 
April  5,  1860,  see  House  Report  83,  36th  Cong.,  ist  Sess.;  see  also  House 
Report  27,  39th  Cong.,  2d  Sess.  On  this  and  later  acts  see  Linn,  Story  of  the 
Mormons,  chap.  24.  On  the  scope  of  the  act  see  Reynolds  v.  United  States.^ 
98  U.S.  Reports,  145;  Miles  v.  United  States,  103  ibid.,  304, 


44  ANTI-POLYGAMY  ACT  [July  I 

An  Act  to  punish  and  prevent  the  Practice  of  Polygamy  in  the 
Territories  of  the  United  States  and  other  Places,  and  disapprov 
ing  and  annulling  certain  Acts  of  the  Legislative  Assembly  of 
the  Territory  of  Utah. 

Be  it  enacted  .  .  .,  That  every  person  having  a  husband  or 
wife  living,  who  shall  marry  any  other  person,  whether  married 
or  single,  in  a  Territory  of  the  United  States,  or  other  place  over 
which  the  United  States  have  exclusive  jurisdiction,  shall,  except 
in  the  cases  specified  in  the  proviso  to  this  section,  be  adjudged 
guilty  of  bigamy,  and,  upon  conviction  thereof,  shall  be  punished 
by  a  fine  not  exceeding  five  hundred  dollars,  and  by  imprisonment 
for  a  term  not  exceeding  five  years  :  [certain  cases  excepted]. 

SEC.  2.  And  be  it  further  enacted,  That  the  following  ordinance 
of  the  provisional  government  of  the  State  of  Deseret,  so  called, 
namely  :  "  An  ordinance  incorporating  the  Church  of  Jesus  Christ 
of  Latter  Day  Saints,"  passed  February  eight,  in  the  year  eighteen 
hundred  and  fifty-one,  and  adopted,  reenacted,  and  made  valid 
by  the  governor  and  legislative  assembly  of  the  Territory  of  Utah 
by  an  act  passed  January  nineteen,  in  the  year  eighteen  hundred 
and  fifty-five,  entitled  "  An  act  in  relation  to  the  compilation  and 
revision  of  the  laws  and  resolutions  in  force  in  Utah  Territory, 
their  publication,  and  distribution,"  and  all  other  acts  and  parts  of 
acts  heretofore  passed  by  the  said  legislative  assembly  of  the  Terri 
tory  of  Utah,  which  establish,  support,  maintain,  shield,  or  coun 
tenance  polygamy,  be,  and  the  same  hereby  are,  disapproved  and 
annulled  :  Provided,  That  this  act  shall  be  so  limited  and  construed 
as  not  to  affect  or  interfere  with  the  right  of  property  legally 
acquired  under  the  ordinance  heretofore  mentioned,  nor  with  the 
right  "  to  worship  God  according  to  the  dictates  of  conscience," 
but  only  to  annul  all  acts  and  laws  which  establish,  maintain,  pro 
tect,  or  countenance  the  practice  of  polygamy,  evasively  called 
spiritual  marriage,  however  disguised  by  legal  or  ecclesiastical 
solemnities,  sacraments,  ceremonies,  consecrations,  or  other  con 
trivances. 

SEC-  3.  And  be  it  further  enacted,  That  it  shall  not  be  lawful  for 


1 862]  OATH   OF  OFFICE  45. 

any  corporation  or  association  for  religious  or  charitable  purposes 
to  acquire  or  hold  real  estate  in  any  Territory  of  the  United  States 
during  the  existence  of  the  territorial  government  of  a  greater 
value  than  fifty  thousand  dollars ;  and  all  real  estate  acquired  or 
held  by  any  such  corporation  or  association  contrary  to  the  pro 
visions  of  this  act  shall  be  forfeited  and  escheat  to  the  United 
States  :  Provided,  That  existing  vested  rights  in  real  estate  shall  not 
be  impaired  by  the  provisions  of  this  section. 
APPROVED,  July  i,  1862. 

.  *#;        l^P      ^     L      2 

* jUt^t^v^>'V*MC  ' 


No.  22.     Oath  of  Office 

July  2,  1862 

BY  an  act  of  August  6,  1861,  all  members  of  the  civil  departments  of  the 
government  were  required  to  take  an  oath  of  allegiance  to  the  United  States 
"  against  all  enemies,  domestic  or  foreign,  .  .  .  any  ordinance,  resolution,  or 
law  of  any  State  convention  or  legislature  to  the  contrary  notwithstanding." 
An  act  of  May  20,  1862,  required  voters  in  Washington  and  Georgetown,  if  chal 
lenged  for  disloyalty,  to  take  a  similar  oath,  with  the  addition  of  a  clause  de 
claring  that  the  subscriber  had  "  always  been  loyal  and  true  to  the  Govern 
ment  of  the  United  States."  An  act  of  June  17  imposed  upon  grand  and 
petit  jurors  in  United  States  courts  an  oath  declaring  "  that  you  have  not, 
without  duress  and  constraint,  taken  up  arms,  or  joined  any  insurrection  or 
rebellion  against  the  United  States  ;  that  you  have  not  adhered  to  any  in 
surrection  or  rebellion,  giving  it  aid  and  comfort ;  that  you  have  not,  directly 
or  indirectly,  given  any  assistance  in  money,  or  any  other  thing,  to  any  person 
or  persons  whom  you  knew,  or  had  good  ground  to  believe,  had  joined,  or 
was  about  to  join,  said  insurrection  and  rebellion,  or  had  resisted,  or-  was  about 
to  resist,  with  force  of  arms,  the  execution  of  the  laws  of  the  United  States  ; 
and  that  you  have  not  counselled  or  advised  any  person  or  persons  to  join  any 
rebellion  against,  or  to  resist  with  force  of  arms,  the  laws  of  the  United  States." 
The  so-called  "  iron-clad  "  oath  of  July  2  had  its  origin  in  a  bill  introduced  in 
the  House,  March  24,  by  James  F.  Wilson  of  Iowa,  "  declaring  certain  per 
sons  ineligible  to  office."  June  4  a  substitute  reported  by  the  Committee  on 
Judiciary,  being  a  modified  form  of  an  amendment  previously  offered  by  Hor 
ace  Maynard  of  Tennessee  to  a  bill  to  free  the  slaves  of  rebels,  was  agreed  to, 
and  the  bill  passed,  the  vote  being  78  to  47.  The  Senate,  on  motion  of 
Garrett  Davis  of  Kentucky,  added  an  amendment  excepting  the  Vice-Presi- 


46  OATH  OF  OFFICE  [July  2 

dent  and  Senators  and  Representatives,  the  amended  bill  passing  the  Senate 
on  the  23d  by  a  vote  of  33  to  5.  The  House  disagreeing,  the  Senate  receded 
from  so  much  of  its  amendment  as  excepted  Senators  and  Representatives, 
and  in  this  form  the  bill  passed.  The  acts  of  June  1 7  and  July  2  were  repealed 
by  an  act  of  May  13,  1884. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  502,  503.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and 
the  Cong.  Globe.  On  the  loyalty  of  government  employees  see  House  Report 
ib,  37th  Cong.,  2d  Sess.  On  the  modification  of  the  oath  see  House  Exec. 
Doc.  81,  39th  Cong.,  1st  Sess.,  House  Report  51,  ibid.,  Senate  Exec.  Doc.  38, 
ibid.,  and  No.  71,  post.  See  also  Cox,  Three  Decades,  chap.  34. 

An  Act  to  prescribe  an  Oath  of  Office,  and  for  other  Purposes. 

Be  it  enacted  .  .  .,  That  hereafter  every  person  elected  or 
appointed  to  any  office  of  honor  or  profit  under  the  government 
of  the  United  States,  either  in  the  civil,  military  or  naval  depart 
ments  of  the  public  service,  excepting  the  President  of  the  United 
States,  shall,  before  entering  upon  the  duties  of  such  office,  and 
before  being  entitled  to  any  of  the  salary  or  other  emoluments 
thereof,  take  and  subscribe  the  following  oath  or  affirmation : 
"  I,  A.  B.,  do  solemnly  swear  (or  affirm)  that  I  have  never  volun 
tarily  borne  arms  against  the  United  States  since  I  have  been  a 
citizen  thereof;  that  I  have  voluntarily  given  no  aid,  countenance, 
counsel,  or  encouragement  to  persons  engaged  in  armed  hostility 
thereto;  that  I  have  neither  sought  nor  accepted  nor  attempted 
to  exercise  the  functions  of  any  office  whatever,  under  any  author 
ity  or  pretended  authority  in  hostility  to  the  United  States ;  that 
I  have  not  yielded  a  voluntary  support  to  any  pretended  govern 
ment,  authority,  power  or  constitution  within  the  United  States, 
hostile  or  inimical  thereto.  And  I  do  further  swear  (or  affirm) 
that,  to  the  best  of  my  knowledge  and  ability,  I  will  support  and 
defend  the  Constitution  of  the  United  States,  against  all  enemies, 
foreign  and  domestic ;  that  I  will  bear  true  faith  and  allegiance 
to  the  same ;  that  I  take  this  obligation  freely,  without  any  mental 
reservation  or  purpose  of  evasion,  and  that  I  will  well  and  faith 
fully  discharge  the  duties  of  the  office  on  which  I  am  about  to 
enter,  so  help  me  God ; "  which  said  oath,  so  taken  and  signed, 


1862]  ELECTION   OF   REPRESENTATIVES  47 

shall  be  preserved  among  the  files  of  the  court,  House  of  Congress, 
or  Department  to  which  the  said  office  may  appertain.  And  any 
person  who  shall  falsely  take  the  said  oath  shall  be  guilty  of  per 
jury,  and  on  conviction,  in  addition  to  the  penalties  now  prescribed 
for  that  offence,  shall  be  deprived  of  his  office  and  rendered  in 
capable  forever  after  of  holding  any  office  or  place  under  the 
United  States. 
APPROVED,  July  2,  1862. 


No.  23.    Election  of  Representatives  by  Districts 

July  14,  1862 

A  BILL  to  provide  for  the  election  of  Representatives  to  Congress  by  single 
districts  was  introduced  in  the  House,  June  16,  1862,  by  Henry  L.  Dawes  of 
Massachusetts,  with  the  object,  it  was  stated,  of  making  permanent  the  pro 
visions  of  a  temporary  act  of  1842.  On  the  24th,  by  a  vote  of  59  to  46,  an 
amendment  excepting  California  was  agreed  to,  the  legislature  of  California 
having  adjourned  without  districting  the  State  ;  and  by  a  vote  of  69  to  36  the 
bill  was  passed.  The  Senate,  July  12,  added  as  an  amendment  the  proviso 
relating  to  Illinois,  in  which  the  House  concurred. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XII,  572.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  3;th  Cong.,  2d  Sess.,  and  the 
Cong,  Globe. 

An  Act  in  relation  to  the  Election  of  Representatives  to  Congress 
by  single  Districts. 

Be  it  enacted  .  .  .,  That  in  each  State  entitled  in  the  next  and 
any  succeeding  Congress  to  more  than  one  representative,  the  num 
ber  to  which  such  State  is  or  may  be  hereafter  entitled  shall  be 
elected  by  districts  composed  of  contiguous  territory,  equal  in  num 
ber  to  the  number  of  representatives  to  which  said  State  may  be 
entitled  in  the  Congress  for  which  said  election  is  held,  no  one  dis 
trict  electing  more  than  one  representative  :  Provided,  That  the  pro 
visions  of  this  act  shall  not  apply  to  the  State  of  California  so  far 
as  it  may  affect  the  election  of  representatives  to  the  thirty-eighth 
Congress :  And  provided,  further,  That  in  the  election  of  repre- 


48  CONFISCATION  ACT  [July  17 

sentatives  to  the  thirty-eighth  Congress  from  the  State  of  Illinois, 
the  additional  representative  allowed  to  said  State  by  an  act  en 
titled  "  An  act  fixing  the  number  of  the  House  of  Representatives 
from  and  after  the  third  day  of  March,  eighteen  hundred  and  sixty- 
three,"  approved  March  fourth,  eighteen  hundred  and  sixty-two, 
may  be  elected  by  the  State  at  large,  and  the  other  thirteen  rep 
resentatives  to  which  the  State  is  entitled  by  the  districts  as  now 
prescribed  by  law  in  said  State,  unless  the  legislature  of  said  State 
should  otherwise  provide  before  the  time  fixed  by  law  for  the 
election  of  representatives  therein. 
APPROVED,  July  14,  1862. 


No.  24.      Confiscation  Act 

July  17,  1862 

A  BILL  "  to  confiscate  the  property  of  rebels  for  the  payment  of  the  ex 
penses  of  the  present  rebellion"  was  reported  in  the  House,  May  14,  1862,  by 
Thomas  D.  Eliot  of  Massachusetts,  from  the  select  committee  on  the  confisca 
tion  of  rebel  property,  together  with  a  bill  to  free  the  slaves  of  rebels.  On  the 
26th  a  substitute  for  the  two  bills,  offered  by  Morrill  of  Vermont  on  the  2Oth, 
was  rejected  by  a  vote  of  25  to  122,  and  the  bill  passed,  the  vote  being  82  to 
68.  The  House  bill  was  more  stringent  than  the  act  finally  passed,  but  a 
substitute  agreed  to  by  the  Senate,  June  28,  by  a  vote  of  28  to  13,  was 
thought  by  the  House  too  lenient,  and  by  a  vote  of  8  to  123  the  amendment 
of  the  Senate  was  disagreed  to.  The  report  of  the  conference  committee, 
being  the  Senate  substitute  with  amendments,  was  agreed  to  by  the  House, 
July  1 1,  by  a  vote  of  82  to  42,  and  by  the  Senate,  July  12,  by  a  vote  of  28  to  13. 
President  Lincoln  had  intended  to  veto  the  bill  on  the  ground  that  under  it 
offenders  would  be  forever  divested  of  title  to  their  real  estate,  and  punishment 
would  thus  be  made  to  extend  beyond  the  life  of  the  guilty  party.  To  obviate 
this  objection,  a  joint  resolution  explanatory  of  the  act  was  hurried  through 
both  houses  July  17.  Lincoln,  in  communicating  to  Congress  his  approval  of 
the  act  and  the  resolution,  transmitted  also  the  veto  message  which  he  had 
already  prepared.  A  proclamation  under  section  6  of  the  act  was  issued  the 
same  day  that  the  act  was  approved,  and  December  8,  1863,  a  proclamation  of 
amnesty  [No.  35]  under  section  13.  The  latter  section  was  repealed,  with  the 
purpose  of  restricting  the  pardoning  power  of  the  President,  July  17,  1867. 

REFERENCES.  —  Text  in   US.  Statutes  at  Large,  XII,  589-592.     For  the 


1 862]  CONFISCATION  ACT  49 

proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  The  texts  of  all  amendments  and  substitutes  are  in  the  Globe. 
The  debates  called  out  numerous  formal  speeches.  On  the  seizure  of  lands 
under  the  act  see  a  report  by  O.  O.  Howard,  House  Exec.  Doc.  19,  39th  Cong., 
ist  Sess.;  see  also  Senate  Exec.  Doc.  38,  4Oth  Cong.,  2d  Sess.  On  the  gen 
eral  subject  see  Pierce,  Sumner,  IV,  chap.  45  ;  Elaine,  Twenty  Years  of  Con 
gress,  I,  373-377  ;  Cox,  Three  Decades,  chap.  12  ;  Dunning,  Essays,  28-37. 

An  Act  to  suppress  Insurrection,  to  punish  Treason  and  Rebellion, 
to  seize  and  confiscate  the  Property  of  Rebels,  and  for  other 
Purposes. 

Be  it  enacted  .  .  .,  That  every  person  who  shall  hereafter 
commit  the  crime  of  treason  against  the  United  States,  and  shall 
be  adjudged  guilty  thereof,  shall  suffer  death,  and  all  his  slaves,  if 
any,  shall  be  declared  and  made  free ;  or,  at  the  discretion  of  the 
court,  he  shall  be  imprisoned  for  not  less  than  five  years  and  fined 
not  less  than  ten  thousand  dollars,  and  all  his  slaves,  if  any,  shall 
be  declared  and  made  free ;  s.aid  fine  shall  be  levied  and  collected 
on  any  or  all  of  the  property,  real  and  personal,  excluding  slaves,  of 
which  the  said  person  so  convicted  was  the  owner  at  the  time  of 
committing  the  said  crime,  any  sale  or  conveyance  to  the  contrary 
notwithstanding. 

SEC.  2.  And  be  it  further  enacted,  That  if  any  person  shall 
hereafter  incite,  set  on  foot,  assist,  or  engage  in  any  rebellion  or 
insurrection  against  the  authority  of  the  United  States,  or  the  laws 
thereof,  or  shall  give  aid  or  comfort  thereto,  or  shall  engage  in,  or 
give  aid  and  comfort  to,  any  such  existing  rebellion  or  insurrection, 
and  be  convicted  thereof,  such  person  shall  be  punished  by  im 
prisonment  for  a  period  not  exceeding  ten  years,  or  by  a  fine  not 
exceeding  ten  thousand  dollars,  and  by  the  liberation  of  all  his 
slaves,  if  any  he  have ;  or  by  both  of  said  punishments,  at  the 
discretion  of  the  court. 

SEC.  3.  And  be  it  further  enacted,  That  every  person  guilty  of 
either  of  the  offences  described  in  this  act  shall  be  forever  incapable 
and  disqualified  to  hold  any  office  under  the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That  this  act  shall  not  be 
construed  in  any  way  to  affect  or  alter  the  prosecution,  conviction, 

£ 


5O  CONFISCATION  ACT  [July  17 

or  punishment  of  any  person  or  persons  guilty  of  treason  against 
the  United  States  before  the  passage  of  this  act,  unless  such  person 
is  convicted  under  this  act. 

SEC.  5.  And  be  it  further  enacted,  That,  to  insure  the  speedy 
termination  of  the  present  rebellion,  it  shall  be  the  duty  of  the 
President  of  the  United  States  to  cause  the  seizure  of  all  the  estate 
and  property,  money,  stocks,  credits,  and  effects  of  the  persons 
hereinafter  named  in  this  section,  and  to  apply  and  use  the  same 
and  the  proceeds  thereof  for  the  support  of  the  army  of  the  United 
States,  that  is  to  say  : 

First.  Of  any  person  hereafter  acting  as  an  officer  of  the  army 
or  navy  of  the  rebels  in  arms  against  the  government  of  the  United 
States. 

Secondly.  Of  any  person  hereafter  acting  as  President,  Vice- 
President,  member  of  Congress,  judge  of  any  court,  cabinet  officer, 
foreign  minister,  commissioner  or  consul  of  the  so-called  confeder 
ate  states  of  America. 

Thirdly.  Of  any  person  acting  as  governor  of  a  state,  member 
of  a  convention  or  legislature,  or  judge  of  any  court  of  any  of  the 
so-called  confederate  states  of  America.1 

Fourthly.  Of  any  person  who,  having  held  an  office  of  honor, 
trust,  or  profit  in  the  United  States,  shall  hereafter  hold  an  office 
in  the  so-called  confederate  states  of  America. 

Fifthly.  Of  any  person  hereafter  holding  any  office  or  agency 
under  the  government  of  the  so-called  confederate  states  of  Amer 
ica,  or  under  any  of  the  several  states  of  the  said  confederacy,  or 
the  laws  thereof,  whether  such  office  or  agency  be  national,  state, 
or  municipal  in  its  name  or  character  :  Provided,  That  the  persons, 
thirdly,  fourthly,  and  fifthly  above  described  shall  have  accepted 

1  By  a  joint  resolution  of  July  17  it  was  provided  "  that  the  provisions  of  the  third 
clause  of  the  fifth  section  of '  An  act  to  suppress  insurrection,  to  punish  treason 
and  rebellion,  to  seize  and  confiscate  the  property  of  rebels,  and  for  other  purposes,' 
shall  be  so  construed  as  not  to  apply  to  any  act  or  acts  done  prior  to  the  passage 
thereof ;  nor  to  include  any  member  of  a  State  legislature,  or  judge  of  any  State 
court,  who  has  not  in  accepting  or  entering  upon  his  office,  taken  an  oath  to  sup 
port  the  constitution  of  the  so-called  'Confederate  States  of  America';  nor  shall 
pny  punishment  or  proceedings  under  said  act  be  so  construed  as  to  work  a  forfei 
ture  of  the  real  estate  of  the  offender  beyond  his  natural  life." 


1 862]  CONFISCATION  ACT  $1 

their  appointment  or  election  since  the  date  of  the  pretended 
ordinance  of  <resession  of  the  state,  or  shall  have  taken  an  oath 
of  allegiance  to,  or  to  support  the  constitution  of  the  so-called 
confederate  states. 

Sixthly.  Of  any  person  who,  owning  property  in  any  loyal  State 
or  Territory  of  the  United  States,  or  in  the  District  of  Columbia, 
shall  hereafter  assist  and  give  aid  and  comfort  to  such  rebellion ; 
and  all  sales,  transfers,  or  conveyances  of  any  such  property  shall 
be  null  and  void;  and  it  shall  be  a  sufficient  bar  to  any  suit 
brought  by  such  person  for  the  possession  or  the  use  of  such  prop 
erty,  or  any  of  it,  to  allege  and  prove  that  he  is  one  of  the  persons 
described  in  this  section. 

SEC.  6.  And  be  it  further  enacted,  That  if  any  person  within  any 
State  or  Territory  of  the  United  States,  other  than  those  named  as 
aforesaid,  after  the  passage  of  this  act,  being  engaged  in  armed 
rebellion  against  the  government  of  the  United  States,  or  aiding 
or  abetting  such  rebellion,  shall  not,  within  sixty  days  after  public 
warning  and  proclamation  duly  given  and  made  by  the  President 
of  the  United  States,  cease  to  aid,  countenance,  and  abet  such 
rebellion,  and  return  to  his  allegiance  to  the  United  States,  all  the 
estate  and  property,  moneys,  stocks,  and  credits  of  such  person 
shall  be  liable  to  seizure  as  aforesaid,  and  it  shall  be  the  duty  of 
the  President  to  seize  and  use  them  as  aforesaid  or  the  proceeds 
thereof.  And  all  sales,  transfers,  or  conveyances,  of  any  such 
property  after  the  expiration  of  the  said  sixty  days  from  the  date 
of  such  warning  and  proclamation  shall  be  null  and  void ;  and  it 
shall  be  a  sufficient  bar  to  any  suit  brought  by  such  person  for  the 
possession  or  the  use  of  such  property,  or  any  of  it,  to  allege  and 
prove  that  he  is  one  of  the  persons  described  in  this  section. 

SEC.  7.  [Proceedings  to  secure  condemnation,  &c.,  of  such 
property.] 

SEC.  8.    [Powers  of  courts  in  such  cases.] 

SEC.  9.  And  be  it  further  enacted,  That  all  slaves  of  persons 
who  shall  hereafter  be  engaged  in  rebellion  against  the  govern 
ment  of  the  United  States,  or  who  shall  in  any  way  give  aid  or 
comfort  thereto,  escaping  from  such  persons  and  taking  refuge 


$2  CONFISCATION  ACT  [July  17 

within  the  lines  of  the  army ;  and  all  slaves  captured  from  such 
persons  or  deserted  by  them  and  coming  under  the  control  of  the 
government  of  the  United  States ;  and  all  slaves  of  such  persons 
found  on  [or]  being  within  any  place  occupied  by  rebel  forces  and 
afterwards  occupied  by  the  forces  of  the  United  States,  shall  be 
deemed  captives  of  war,  and  shall  be  forever  free  of  their  servi 
tude,  and  not  again  held  as  slaves. 

SEC.  10.  And  be  it  further  enacted,  That  no  slave  escaping  into 
any  State,  Territory,  or  the  District  of  Columbia,  from  any  other 
State,  shall  be  delivered  up,  or  in  any  way  impeded  or  hindered  of 
his  liberty,  except  for  crime,  or  some  offence  against  the  laws, 
unless  the  person  claiming  said  fugitive  shall  first  make  oath  that 
the  person  to  whom  the  labor  or  service  of  such  fugitive  is  alleged 
to  be  due  is  his  lawful  owner,  and  has  not  borne  arms  against  the 
United  States  in  the  present  rebellion,  nor  in  any  way  given  aid 
and  comfort  thereto ;  and  no  person  engaged  in  the  military  or 
naval  service  of  the  United  States  shall,  under  any  pretence  what 
ever,  assume  to  decide  on  the  validity  of  the  claim  of  any  person 
to  the  service  or  labor  of  any  other  person,  or  surrender  up  any 
such  person  to  the  claimant,  on  pain  of  being  dismissed  from  the 
service. 

SEC.  ii.  And  be  it  further  enacted,  That  the  President  of  the 
United  States  is  authorized  to  employ  as  many  rjersons  of  African 
descent  as  he  may  deem  necessary  and  proper  for  the  suppression 
of  this  rebellion,  and  for  this  purpose  he  may  organize  and  use 
them  in  such  manner  as  he  may  judge  best  for  the  public  welfare. 

SEC.  12.  And  be  it  further  enacted,  That  the  President  of  the 
United  States  is  hereby  authorized  to  make  provision  for  the  trans 
portation,  colonization,  and  settlement,  in  some  tropical  country 
beyond  the  limits  of  the  United  States,  of  such  persons  of  the 
African  race,  made  free  by  the  provisions  of  this  act,  as  may  be 
willing  to  emigrate,  having  first  obtained  the  consent  of  the  govern 
ment  of  said  country  to  their  protection  and  settlement  within  the 
same,  with  all  the  rights  and  privileges  of  freemen. 

SEC.  13.  And  be  it  further  enacted,  That  the  President  is  hereby 
authorized,  at  any  time  hereafter,  by  proclamation,  to  extend  to 


1 862]  PAYMENTS   IN   STAMPS  53 

persons  who  may  have  participated  in  the  existing  rebellion  in  any 
State  or  part  thereof,  pardon  and  amnesty,  with  such  exceptions 
and  at  such  time  and  on  such  conditions  as  he  may  deem  expedi 
ent  for  the  public  welfare. 

SEC.  14.  And  be  it  further  enacted,  That  the  courts  of  the  United 
States  shall  have  full  power  to  institute  proceedings,  make  orders 
and  decrees,  issue  process,  and  do  all  other  things  necessary  to 
carry  this  act  into  effect. 

APPROVED,  July  17,  1862. 


No.   25.     Act  to  authorize  Payments  in  Stamps 

July  17,  1862 

IN  a  letter  of  July  14,  1862,  to  Thaddeus  Stevens,  Secretary  Chase  stated 
that  the  depreciation  of  the  currency  had  led  to  the  issue  of  coins,  checks,  and 
tokens,  of  denominations  less  than  one  dollar,  by  hotels  and  business  houses. 
A  draft  of  a  bill  to  prohibit  such  issues  and  allow  the  use  of  stamps  as  currency 
was  submitted.  A  bill  to  carry  the  recommendation  into  effect  was  introduced 
in  the  House,  July  1 7,  by  Samuel  Hooper  of  Massachusetts,  and  passed  by  a 
vote  of  62  to  40.  The  Senate  passed  the  bill  the  same  day  without  a  division. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  592.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  The  Senate  proceedings  were  unimportant. 

An  Act  to  authorize  Payments  in  Stamps,  and  to  prohibit  Circula 
tion  of  Notes  of  less  Denomination  than  One  Dollar. 

Be  it  enacted  .  .  .,  That  the  Secretary  of  the  Treasury  be, 
and  he  is  hereby  directed  to  furnish  to  the  Assistant  Treasurers, 
and  such  designated  depositaries  of  the  United  States  as  may 
be  by  him  selected,  in  such  sums  as  he  may  deem  expedient, 
the  postage  and  other  stamps  of  the  United  States,  to  be  ex 
changed  by  them,  on  application,  for  United  States  notes ;  and 
from  and  after  the  first  day  of  August  next  such  stamps  shall  be 
receivable  in  payment  of  all  dues  to  the  United  States  less  than 
five  dollars,  and  shall  be  received  in  exchange  for  United  States 
notes  when  presented  to  any  Assistant  Treasurer  or  any  desig- 


54  MILITIA  ACT  [July  17 

nated  depositary  selected  as  aforesaid  in  sums  not  less  than  five 
dollars. 

SEC.  2.  And  be  it  further  enacted,  That  from  and  after  the 
first  day  of  August,  eighteen  hundred  and  sixty-two,  no  private 
corporation,  banking  association,  firm,  or  individual  shall  make, 
issue,  circulate,  or  pay  any  note,  check,  memorandum,  token,  or 
other  obligation,  for  a  less  sum  than  one  dollar,  intended  to  cir 
culate  as  money  or  to  be  received  or  used  in  lieu  of  lawful  money 
of  the  United  States ;  and  every  person  so  offending  shall,  on 
conviction  thereof  in  any  district  or  circuit  court  of  the  United 
States,  be  punished  by  fine  not  exceeding  five  hundred  dollars, 
or  by  imprisonment  not  exceeding  six  months,  or  by  both,  at  the 
option  of  the  court. 

APPROVED,  July  17,  1862. 


No.   26.     Militia  Act 

July  17,  1862 

A  BILL  to  amend  the  laws  relating  to  the  militia  was  introduced  in  the 
Senate,  July  14,  1862,  by  Wilson  of  Massachusetts,  from  the  Committee  on 
Military  Affairs  and  Militia,  and  passed  the  next  day  by  a  vote  of  28  to  9.  In 
the  House,  July  16,  a  motion  to  lay  the  bill  on  the  table  was  rejected,  the  vote 
being  30  to  77,  and  the  bill  passed  without  a  division. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  597-600.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  On  the  use  of  negroes  as  soldiers  see  Rhodes,  United  States, 

iv,  333-336. 

An  Act  to  amend  the  Act  calling  forth  the  Militia  to  execute  the 
Laws  of  the  Union,  suppress  Insurrections,  and  repel  Invasions, 
approved  February  twenty-eight,  seventeen  hundred  and  ninety- 
five,  and  the  Acts  amendatory  thereof,  and  for  other  Purposes. 

Be  it  enacted  .  .  .,  That  whenever  the  President  of  the  United 
States  shall  call  forth  the  militia  of  the  States,  to  be  employed 
in  the  service  of  the  United  States,  he  may  specify  in  his  call 
the  period  for  which  such  service  will  be  required,  not  exceed- 


1 862]  MILITIA  ACT  55 

ing  nine  months  ;  and  the  militia  so  called  shall  be  mustered  in 
and  continue  to  serve  for  and  during  the  term  so  specified,  un 
less  sooner  discharged  by  command  of  the  President.  If  by 
reason  of  defects  in  existing  laws,  or  in  the  execution  of  them, 
in  the  several  States,  or  any  of  them,  it  shall  be  found  neces 
sary  to  provide  for  enrolling  the  militia  and  otherwise  putting 
this  act  into  execution,  the  President  is  authorized  in  such  cases 
to  make  all  necessary  rules  and  regulations ;  and  the  enrolment 
of  the  militia  shall  in  all  cases  include  all  able-bodied  male  citi 
zens  between  the  ages  of  eighteen  and  forty-five,  and  shall 
be  apportioned  among  the  States  according  to  representative 
population. 

SEC.  2.  And  be  it  further  enacted,  That  the  militia,  when  so 
called  into  service,  shall  be  organized  in  the  mode  prescribed 
by  law  for  volunteers. 

SEC.  3.  And  be  it  further  enacted,  That  the  President  be,  and 
he  is  hereby,  authorized,  in  addition  to  the  volunteer  forces 
which  he  is  now  authorized  by  law  to  raise,  to  accept  the  ser 
vices  of  any  number  of  volunteers,  not  exceeding  one  hundred 
thousand,  as  infantry,  for  a  period  of  nine  months,  unless  sooner 
discharged.  And  every  soldier  who  shall  enlist  under  the  pro 
visions  of  this  section  shall  receive  his  first  month's  pay,  and 
also  twenty-five  dollars  as  bounty,  upon  the  mustering  of  his 
company  or  regiment  into  the  service  of  the  United  States.  .  .  . 

SEC.  4.  And  be  it  further  enacted,  That,  for  the  purpose  of 
filling  up  the  regiments  of  infantry  now  in  the  United  States 
service,  the  President  be,  and  he  hereby  is,  authorized  to  accept 
the  services  of  volunteers  in  such  numbers  as  may  be  presented 
for  that  purpose,  for  twelve  months,  if  not  sooner  discharged. 
And  such  volunteers,  when  mustered  into  the  service,  shall  be 
in  all  respects  upon  a  footing  with  similar  troops  in  the  United 
States  service,  except  as  to  service  bounty,  which  shall  be  fifty 
dollars,  one  half  of  which  to  be  paid  upon  their  joining  their 
regiments,  and  the  other  half  at  the  expiration  of  their  enlist 
ment. 


56  ADMISSION  OF  WEST  VIRGINIA  [Dec.  31 

SEC.  12.  And  be  it  further  enacted,  That  the  President  be, 
and  he  is  hereby,  authorized  to  receive  into  the  service  of  the 
United  States,  for  the  purpose  of  constructing  intrenchments,  or 
performing  camp  service,  or  any  other  labor,  or  any  military  or 
naval  service  for  which  they  may  be  found  competent,  persons 
of  African  descent,  and  such  persons  shall  be  enrolled  and 
organized  under  such  regulations,  not  inconsistent  with  the 
Constitution  and  laws,  as  the  President  may  prescribe. 

SEC.  13.  And  be  it  further  enacted,  That  when  any  man  or  boy 
of  African  descent,  who  by  the  laws  of  any  State  shall  owe  ser 
vice  or  labor  to  any  person  who,  during  the  present  rebellion, 
has  levied  war  or  has  borne  arms  against  the  United  States,  or 
adhered  to  their  enemies  by  giving  them  aid  and  comfort,  shall 
render  any  such  service  as  is  provided  for  in  this  act,  he,  his 
mother  and  his  wife  and  children,  shall  forever  thereafter  be 
free,  any  law,  usage,  or  custom  whatsoever  to  the  contrary  not 
withstanding  :  Provided,  That  the  mother,  wife  and  children  of 
such  man  or  boy  of  African  descent  shall  not  be  made  free  by 
the  operation  of  this  act  except  where  such  mother,  wife  or  chil 
dren  owe  service  or  labor  to  some  person  who,  during  the  pres 
ent  rebellion,  has  borne  arms  against  the  United  States  or 
adhered  to  their  enemies  by  giving  them  aid  and  comfort. 
******  * 

APPROVED,  July  17,  1862. 

[The  omitted  sections  deal  with  details  of  organization,  trial 
by  court-martial,  &c.] 


No.   27.     Act  admitting  West  Virginia 

December  31,  1862 

A  MEMORIAL  from  the  commissioners  of  West  Virginia,  setting  forth  the  his 
tory  of  the  formation  of  the  State  and  praying  for  admission  to  the  Union, 
was  presented  in  the  Senate  May  31,  1862,  and  referred  to  the  Committee  on  the 
Territories,  who  reported,  June  23,  a  bill  for  the  admission  of  West  Virginia  as 
a  State.  July  14,  by  a  vote  of  n  to  24,  an  amendment  offered  by  Sumner, 
prohibiting  slavery  in  the  State,  was  rejected,  and  the  bill,  with  further  amend- 


1862]  ADMISSION  OF  WEST  VIRGINIA  57 

ments,  passed,  the  vote  being  23  to  17.  On  the  i6th,  in  the  House,  further 
consideration  of  the  bill  was  postponed  until  December.  December  10  the 
bill  was  taken  up,  read  three  times,  and,  by  a  vote  of  96  to  57,  passed.  The 
bill  was  not  presented  to  the  President  until  the  22d.  The  proclamation 
announcing  the  compliance  of  West  Virginia  with  the  conditions  of  the  act 
was  issued  April  20,  1863. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  633,  634.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  3d  Sess.,  and  the 
Cong.  Globe.  The  memorial  of  the  commissioners  is  Senate  Misc.  Doc.  99, 
37th  Cong.,  2d  Sess.  See  Nicolay  and  Hay,  Lincoln,  VI,  chap.  14. 

An  Act  for  the  Admission  of  the  State  of  "  West  Virginia  "  into  the 
Union,  and  for  other  Purposes. 

Whereas  the  people  inhabiting  that  portion  of  Virginia  known 
as  West  Virginia  did,  by  a  Convention  assembled  in  the  city  of 
Wheeling  on  the  twenty-sixth  of  November,  eighteen  hundred 
and  sixty-one,  frame  for  themselves  a  Constitution  with  a  view 
of  becoming  a  separate  and  independent  State  ;  and  whereas  at 
a  general  election  held  in  the  counties  composing  the  territory 
aforesaid  on  the  third  day  of  May  last,  the  said  Constitution 
was  approved  and  adopted  by  the  qualified  voters  of  the  pro 
posed  State  ;  and  whereas  the  Legislature  of  Virginia,  by  an  act 
passed  on  the  thirteenth  day  of  May,  eighteen  hundred  and 
sixty-two,  did  give  its  consent  to  the  formation  of  a  new  State 
within  the  jurisdiction  of  the  said  State  of  Virginia,  to  be  known 
by  the  name  of  West  Virginia,  and  to  embrace  the  following 
named  counties,  to  wit :  Hancock,  Brooke,  Ohio,  Marshall, 
Wetzel,  Marion,  Monongalia,  Preston,  Taylor,  Tyler,  Pleasants, 
Ritchie,  Doddridge,  Harrison,  Wood,  Jackson,  Wirt,  Roane, 
Calhoun,  Gilmer,  Barbour,  Tucker,  Lewis,  Braxton,  Upshur, 
Randolph,  Mason,  Putnam,  Kanawha,  Clay,  Nicholas,  Cabell, 
Wayne,  Boone,  Logan,  Wyoming,  Mercer,  McDowell,  Webster, 
Pocahontas,  Fayette,  Raleigh,  Greenbrier,  Monroe,  Pendleton, 
Hardy,  Hampshire,  and  Morgan ;  and  whereas  both  the  Con 
vention  and  the  Legislature  aforesaid  have  requested  that  the 
new  State  should  be  admitted  into  the  Union,  and  the  Constitu 
tion  aforesaid  being  republican  in  form,  Congress  doth  hereby 


58  ADMISSION   OF  WEST  VIRGINIA  [Dec.  31 

consent  that  the  said  forty-eight  counties  may  be  formed  into  a 
separate  and  independent  State.  Therefore  — 

Be  it  enacted  .  .  .,  That  the  State  of  West  Virginia  be,  and  is 
hereby,  declared  to  be  one  of  the  United  States  of  America,  and 
admitted  into  the  Union  on  an  equal  footing  with  the  original 
States  in  all  respects  whatever,  and  until  the  next  general  cen 
sus  shall  be  entitled  to  three  members  in  the  House  of  Repre 
sentatives  of  the  United  States :  Provided,  always,  That  this 
act  shall  not  take  effect  until  after  the  proclamation  of  the  Presi 
dent  of  the  United  States  hereinafter  provided  for. 

It  being  represented  to  Congress  that  since  the  Convention 
of  the  twenty-sixth  of  November,  eighteen  hundred  and  sixty- 
one,  that  framed  and  proposed  the  Constitution  for  the  said 
State  of  West  Virginia,  the  people  thereof  have  expressed  a 
wish  to  change  the  seventh  section  of  the  eleventh  article  of 
said  Constitution  by  striking  out  the  same  and  inserting  the  fol 
lowing  in  its  place,  viz. :  "  The  children  of  slaves  born  within 
the  limits  of  this  State  after  the  fourth  day  of  July,  eighteen 
hundred  and  sixty-three,  shall  be  free ;  and  that  all  slaves 
within  the  said  State  who  shall,  at  the  time  aforesaid,  be  under 
the  age  of  ten  years,  shall  be  free  when  they  arrive  at  the  age 
of  twenty-one  years ;  and  all  slaves  over  ten  and  under  twenty- 
one  years  shall  be  free  when  they  arrive  at  the  age  of  twenty- 
five  years ;  and  no  slave  shall  be  permitted  to  come  into  the 
State  for  permanent  residence  therein  :  "  Therefore  — 

SEC.  2.  Be  it  further  enacted,  That  whenever  the  people  of 
West  Virginia  shall,  through  their  said  Convention,  and  by  a 
vote  to  be  taken  at  an  election  to  be  held  within  the  limits  of  the 
said  State,  at  such  time  as  the  Convention  may  provide,  make, 
and  ratify  the  change  aforesaid,  and  properly  certify  the  same 
under  the  hand  of  the  president  of  the  Convention,  it  shall  be 
lawful  for  the  President  of  the  United  States  to  issue  his  procla 
mation  stating  the  fact,  and  thereupon  this  act  shall  take  effect 
and  be  in  force  from  and  after  sixty  days  from  the  date  of  said 
proclamation. 

APPROVED,  December  31,  1862. 


1 862]  EMANCIPATION  PROCLAMATION  59 

No.  28.     Emancipation  Proclamation 

January  i,   1863 

A  DRAFT  of  an  emancipation  proclamation  was  read  to  the  Cabinet  by 
Lincoln,  July  22,  1862,  but  at  Seward's  suggestion  the  paper  was  laid  aside 
until  an  important  Union  victory  should  have  been  won.  The  desired  victory 
came  at  Antietam,  September  16-17.  A  preliminary  proclamation  was  issued 
September  22,  and  the  definitive  one  January  I,  1863.  December  15,  in  the 
House,  a  resolution  declaring  that  the  proclamation  of  September  22  "  is 
warranted  by  the  Constitution,"  and  that  the  policy  of  emancipation  "  was 
well  chosen  as  a  war  measure,  and  is  an  exercise  of  power  with  proper  regard 
for  the  rights  of  the  States  and  the  perpetuity  of  free  government,"  was 
adopted  by  a  vote  of  78  to  51. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XII,  1268,  1269.  Various 
resolutions  submitted  in  the  House  and  Senate  are  collected  in  McPherson, 
Rebellion,  209-233;  on  Fremont's  proclamation  of  August  31,  1861,  see 
ibid.,  245-247.  On  the  general  subject  see  Adams,  Charles  Francis  Adams, 
chap.  1 6  ;  Morse,  Lincoln,  II,  chaps.  I,  4  ;  McCall,  Thaddeus  Stevens,  chap. 
12  ;  Storey,  Sumner,  chap.  12  ;  John  Sherman,  Recollections,  I,  chap.  14  ; 
Nicolay  and  Hay,  Lincoln,  VI,  chaps.  6,  8,  9  ;  Rhodes,  United  States,  IV, 
69-72,  157-163,  212-219;  Dunning,  Essays,  49-56;  Garrisons'  Garrison, 
IV,  chap.  3  ;  House  Exec.  Doc.  72,  37th  Cong.,  3d  Sess. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A   PROCLAMATION. 

WHEREAS,  on  the  twenty-second  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-two,  a 
proclamation  was  issued  by  the  President  of  the  United  States, 
containing,  among  other  things,  the  following,  to  wit : 

"  That  on  the  first  day  of  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  all  persons  held  as 
slaves  within  any  state  or  designated  part  of  a  state,  the  people 
whereof  shall  then  be  in  rebellion  against  the  United  States, 
shall  be  then,  thenceforward,  and  forever,  free ;  and  the  Execu 
tive  Government  of  the  United  States,  including  the  military 
and  naval  authority  thereof,  will  recognize  and  maintain  the 


6O  EMANCIPATION  PROCLAMATION  [Jan  i 

freedom  of  such  persons,  and  will  do  no  act  or  acts  to  repress 
such  persons,  or  any  of  them,  in  any  efforts  they  may  make  for 
their  actual  freedom. 

"  That  the  Executive  will,  on  the  first  day  of  January  afore 
said,  by  proclamation,  designate  the  states  and  parts  of  states, 
if  any,  in  which  the  people  thereof,  respectively,  shall  then  be  in 
rebellion  against  the  United  States  ;  and  the  fact  that  any  state, 
or  the  people  thereof,  shall  on  that  day  be  in  good  faith  repre 
sented  in  the  Congress  of  the  United  States,  by  members 
chosen  thereto  at  elections  wherein  a  majority  of  the  qualified 
voters  of  such  states  shall  have  participated,  shall,  in  the 
absence  of  strong  countervailing  testimony,  be  deemed  con 
clusive  evidence  that  such  state,  and  the  people  thereof,  are 
not  then  in  rebellion  against  the  United  States." 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  President  of  the 
United  States,  by  virtue  of  the  power  in  me  vested  as  com- 
mander-in-chief  of  the  army  and  navy  of  the  United  States,  in 
time  of  actual  armed  rebellion  against  the  authority  and  Govern 
ment  of  the  United  States,  and  as  a  fit  and  necessary  war 
measure  for  suppressing  said  rebellion,  do,  on  this  first  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-three,  and  in  accordance  with  my  purpose  so  to  do, 
publicly  proclaimed  for  the  full  period  of  one  hundred  days  from 
the  day  first  above  mentioned,  order  and  designate  as  the  states 
and  parts  of  states  wherein  the  people  thereof,  respectively,  are 
this  day  in  rebellion  against  the  United  States,  the  following,  to 
wit: 

Arkansas,  Texas,  Louisiana,  (except  the  parishes  of  St.  Ber 
nard,  Plaquemines,  Jefferson,  St.  John,  St.  Charles,  St.  James, 
Ascension,  Assumption,  Terre  Bonne,  Lafourche,  St.  Mary,  St. 
Martin,  and  Orleans,  including  the  city  of  New  Orleans,)  Missis 
sippi,  Alabama,  Florida,  Georgia,  South  Carolina,  North  Carolina, 
and  Virginia,  (except  the  forty-eight  counties  designated  as  West 
Virginia,  and  also  the  counties  of  Berkeley,  Accomac,  North 
ampton,  Elizabeth  City,  York,  Princess  Ann,  and  Norfolk, 
including  the  cities  of  Norfolk  and  Portsmouth,)  and  which 


1863]  CORRESPONDENCE  WITH   REBELS  6 1 

excepted  parts  are  for  the  present  left  precisely  as  if  this  procla 
mation  were  not  issued. 

And  by  virtue  of  the  power  and  for  the  purpose  aforesaid,  I 
do  order  and  declare  that  all  persons  held  as  slaves  within  said 
designated  states  and  parts  of  states  are,  and  henceforward 
shall  be,  free ;  and  that  the  Executive  Government  of  the 
United  States,  including  the  military  and  naval  authorities 
thereof,  will  recognize  and  maintain  the  freedom  of  said  per 
sons. 

And  I  hereby  enjoin  upon  the  people  so  declared  to  be  free 
to  abstain  from  all  violence,  unless  in  necessary  self-defence ; 
and  I  recommend  to  them  that,  in  all  cases  when  allowed,  they 
labor  faithfully  for  reasonable  wages. 

And  I  further  declare  and  make  known  that  such  persons,  of 
suitable  condition,  will  be  received  into  the  armed  service  of  the 
United  States  to  garrison  forts,  positions,  stations,  and  other 
places,  and  to  man  vessels  of  all  sorts  in  said  service. 

And  upon  this  act,  sincerely  believed  to  be  an  act  of  justice, 
warranted  by  the  Constitution  upon  military  necessity,  I  invoke 
the  considerate  judgment  of  mankind  and  the  gracious  favor  of 
Almighty  God. 


No.   29.     Act   to  punish  Correspondence  with 

Rebels 

February  25,  1863 

ACCORDING  to  Stunner,  the  purpose  of  this  act  was  to  extend  the  principle 
of  an  act  of  January  30,  1 799,  relating  to  treasonable  correspondence  with 
foreigners,  to  correspondence  with  supporters  of  the  rebellion.  The  bill  was 
introduced  by  Sumner  January  7,  and  passed  the  Senate,  February  13,  with 
out  a  division.  The  House  passed  the  bill  on  the  2ist,  also  without  a  divi 
sion.  There  was  no  debate  of  importance  in  either  house. 

REFERENCE.  —  Text  in  U.S.  Statutes  at  Large,  XII,  696. 


62  WAYS  AND   MEANS  [March  3 

An  Act  to  prevent  Correspondence  with  Rebels. 

Be  it  enacted  .  .  .  ,  That  if  any  person,  being  a  resident  of  the 
United  States,  or  being  a  citizen  thereof,  and  residing  in  any 
foreign  country,  shall,  without  the  permission  or  authority  of  the 
Government  of  the  United  States,  and  with  the  intent  to  defeat 
the  measures  of  the  said  Government,  or  to  weaken  in  any  way 
their  efficacy,  hold  or  commence,  directly  or  indirectly,  any  cor 
respondence  or  intercourse,  written  or  verbal,  with  the  present 
pretended  rebel  Government,  or  with  any  officer  or  agent 
thereof,  or  with  any  other  individual  acting  or  sympathizing 
therewith;  or  if  any  such  person  above  mentioned,  not  duly 
authorized,  shall  counsel  or  assist  in  any  such  correspondence 
or  intercourse,  with  intent  as  aforesaid,  he  shall  be  deemed 
guilty  of  a  high  misdemeanor,  and,  on  conviction  before  any 
court  of  the  United  States  having  jurisdiction  thereof,  shall  be 
punished  by  a  fine  not  exceeding  ten  thousand  dollars,  and  by 
imprisonment  not  less  than  six  months  nor  exceeding  five  years. 

SEC.  2.  And  be  it  further  enacted,  That  where  the  offence  is 
committed  in  any  foreign  country,  the  district  court  of  the  United 
States  for  the  district  where  the  offender  shall  be  first  arrested 
shall  have  jurisdiction  thereof. 

APPROVED,  February  25,  1863. 


No.  30.     Act  to  provide  Ways  and  Means  for 
the  Support  of  the  Government 

March  3,  1863 

A  BILL  to  provide  ways  and  means  for  the  support  of  the  Government  was 
reported  in  the  House,  January  8,  1863,  by  Thaddeus  Stevens,  from  the  Com 
mittee  of  Ways  and  Means,  taken  up  January  12  and  debated  from  day  to  day, 
and  on  the  26th  passed  without  a  division.  The  Senate  passed  the  bill  with 
numerous  amendments,  February  13,  by  a  vote  of  32  to  4.  Two  conference 
committees  were  necessary  to  settle  the  form  of  the  bill.  The  principal  dis 
agreement  between  the  houses  was  over  the  taxation  of  bank  circulation,  the 
twenty-third  amendment  of  the  Senate  having  lowered  the  rate  of  taxation 


1 863]  WAYS  AND   MEANS  63 

provided  by  the  House  bill.     The  report  of  the  second  conference  committee 
was  accepted  February  28. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XII,  709-713.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  3d  Sess.,and  the 
Cong.  Globe.  There  is  a  summary  of  the  House  bill  in  the  Globe,  February 
13,  Senate  proceedings. 

An  Act  to  provide  Ways  and  Means  for  the  Support  of  the 
Government. 

Be  it  enacted  .  .  .,  That  the  Secretary  of  the  Treasury  be, 
and  he  is  hereby,  authorized  to  borrow,  from  time  to  time,  on 
the  credit  of  the  United  States,  a  sum  not  exceeding  three  hun 
dred  millions  of  dollars  for  the  current  fiscal  year,  and  six  hun 
dred  millions  for  the  next  fiscal  year,  and  to  issue  therefor  coupon 
or  registered  bonds,  payable  at  the  pleasure  of  the  Government 
after  such  periods  as  may  be  fixed  by  the  Secretary,  not  less 
than  ten  nor  more  than  forty  years  from  date,  in  coin,  and  of 
such  denominations  not  less  than  fifty  dollars  as  he  may  deem 
expedient,  bearing  interest  at  a  rate  not  exceeding  six  per 
centum  per  annum,  payable  on  bonds  not  exceeding  one  hun 
dred  dollars,  annually,  and  on  all  other  bonds  semi-annually,  in 
coin  ;  and  he  may,  in  his  discretion,  dispose  of  such  bonds  at  any 
time,  upon  such  terms  as  he  may  deem  most  advisable,  for  law 
ful  money  of  the  United  States,  or  for  any  of  the  certificates  of 
indebtedness  or  deposit  that  may  at  any  time  be  unpaid,  or  for 
any  of  the  treasury  notes  heretofore  issued  or  which  may  be 
issued  under  the  provisions  of  this  act.  And  all  the  bonds  and 
treasury  notes  or  United  States  notes  issued  under  the  provisions 
of  this  act  shall  be  exempt  from  taxation  by  or  under  state  or 
municipal  authority :  Provided,  That  there  shall  be  outstanding 
of  bonds,  treasury  notes,  and  United  States  notes,  at  any  time, 
issued  under  the  provisions  of  this  act,  no  greater  amount  alto 
gether  than  the  sum  of  nine  hundred  millions  of  dollars. 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  be,  and  he  is  hereby,  authorized  to  issue,  on  the  credit 
of  the  United  States,  four  hundred  millions  of  dollars  in  treasury 


64  WAYS  AND   MEANS  [March  3 

notes,  payable  at  the  pleasure  of  the  United  States,  or  at  such 
time  or  times  not  exceeding  three  years  from  date  as  may  be 
found  most  beneficial  to  the  public  interest,  and  bearing  interest 
at  a  rate  not  exceeding  six  per  centum  per  annum,  payable  at 
periods  expressed  on  the  face  of  said  treasury  notes ;  and  the 
interest  on  the  said  treasury  notes  and  on  certificates  of  indebted 
ness  and  deposit  hereafter  issued,  shall  be  paid  in  lawful  money. 
The  treasury  notes  thus  issued  shall  be  of  such  denomination 
as  the  Secretary  may  direct,  not  less  than  ten  dollars,  and  may 
be  disposed  of  on  the  best  terms  that  can  be  obtained,  or  may 
be  paid  to  any  creditor  of  the  United  States  willing  to  receive 
the  same  at  par.  And  said  treasury  notes  may  be  made  a  legal 
tender  to  the  same  extent  as  United  States  notes,  for  their  face 
value  excluding  interest ;  or  they  may  be  made  exchangeable 
under  regulations  prescribed  by  the  Secretary  of  the  Treasury, 
by  the  holder  thereof  at  the  treasury  in  the  city  of  Washington, 
or  at  the  office  of  any  assistant  treasurer  or  depositary  designated 
for  that  purpose,  for  United  States  notes  equal  in  amount  to  the 
treasury  notes  offered  for  exchange,  together  with  the  interest 
accrued  and  due  thereon  at  the  date  of  interest  payment  next 
preceding  such  exchange.  And  in  lieu  of  any  amount  of  said 
treasury  notes  thus  exchanged,  or  redeemed  or  paid  at  maturity, 
the  Secretary  may  issue  an  equal  amount  of  other  treasury 
notes  ;  and  the  treasury  notes  so  exchanged,  redeemed,  or  paid, 
shall  be  cancelled  and  destroyed  as  the  Secretary  may  direct. 
In  order  to  secure  certain  and  prompt  exchanges  of  United 
States  notes  for  treasury  notes  when  required  as  above  provided, 
the  Secretary  shall  have  power  to  issue  United  States  notes  to 
the  amount  of  one  hundred  and  fifty  millions  of  dollars,  which 
may  be  used  if  necessary  for  such  exchanges  ;  but  no  part  of 
the  United  States  notes  authorized  by  this  section  shall  be 
issued  for  or  applied  to  any  other  purposes  than  said  exchanges  ; 
and  whenever  any  amount  shall  have  been  so  issued  and  applied, 
the  same  shall  be  replaced  as  soon  as  practicable  from  the  sales 
of  treasury  notes  for  United  States  notes. 

SEC.  3.   And  be  it  further  enacted,  That  the  Secretary  of  the 


1 863]  WAYS  AND   MEANS  65 

Treasury  be,  and  he  is  hereby,  authorized,  if  required  by  the 
exigencies  of  the  public  service,  for  the  payment  of  the  army 
and  navy,  and  other  creditors  of  the  government,  to  issue  on  the 
credit  of  the  United  States  the  sum  of  one  hundred  and  fifty 
millions  of  dollars  of  United  States  notes,  including  the  amount 
of  such  notes  heretofore  authorized  by  the  joint  resolution 
approved  January  seventeen,  eighteen  hundred  and  sixty-three, 
in  such  form  as  he  may  deem  expedient,  not  bearing  interest, 
payable  to  bearer,  and  of  such  denominations,  not  less  than  one 
dollar,  as  he  may  prescribe,  which  notes  so  issued  shall  be  law 
ful  money  and  a  legal  tender  in  payment  of  all  debts,  public 
and  private,  within  the  United  States,  except  for  duties  on 
imports  and  interest  on  the  public  debt ;  and  any  of  the  said 
notes,  when  returned  to  the  treasury,  may  be  reissued  from 
time  to  time  as  the  exigencies  of  the  public  service  may  require. 
And  in  lieu  of  any  of  said  notes,  or  any  other  United  States 
notes,  returned  to  the  treasury,  and  cancelled  or  destroyed, 
there  may  be  issued  equal  amounts  of  United  States  notes, 
such  as  are  authorized  by  this  act.  .  .  .  [So  much  of  the 
acts  of  February  25  and  July  n,  1862,  as  restricts  the  nego 
tiation  of  bonds  to  market  value,  repealed.]  .  .  .  And  the 
holders  of  United  States  notes,  issued  under  and  by  virtue  of 
said  acts,  shall  present  the  same  for  the  purpose  of  exchang 
ing  the  same  for  bonds,  as  therein  provided,  on  or  before  the 
first  day  of  July,  eighteen  hundred  and  sixty-three,  and  there 
after  the  right  so  to  exchange  the  same  shall  cease  and  deter 
mine. 

SEC.  4.  And  be  it  further  enacted,  That  in  lieu  of  postage  and 
revenue  stamps  for  fractional  currency,  and  of  fractional  notes, 
commonly  called  postage  currency,  issued  or  to  be  issued,  the 
Secretary  of  the  Treasury  may  issue  fractional  notes  of  like 
amounts  in  such  form  as  he  may  deem  expedient.  .  .  .  And  all 
such  notes  issued  shall  be  exchangeable  by  the  assistant-treas 
urers  and  designated  depositaries  for  United  States  notes,  in 
sums  not  less  than  three  dollars,  and  shall  be  receivable  for 
postage  and  revenue  stamps,  and  also  in  payment  of  any  dues 


66  WAYS  AND   MEANS  [March  3 

to  the  United  States  less  than  five  dollars,  except  duties  on 
imports,  and  shall  be  redeemed  on  presentation  at  the  treasury 
of  the  United  $tates  in  such  sums  and  under  such  regulations 
as  the  Secretary  of  the  Treasury  shall  prescribe  :  Provided,  That 
the  whole  amount  of  fractional  currency  issued,  including  post 
age  and  revenue  stamps  issued  as  currency,  shall  not  exceed 
fifty  millions  of  dollars. 

SEC.  5.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  is  hereby  authorized  to  receive  deposits  of  gold  coin 
and  bullion  with  the  treasurer  or  any  assistant-treasurer  of  the 
United  States,  in  sums  not  less  than  twenty  dollars,  and  to  issue 
certificates  therefor,  in  denominations  of  not  less  than  twenty 
dollars  each,  corresponding  with  the  denominations  of  the 
United  States  notes.  The  coin  and  bullion  deposited  for  or 
representing  the  certificates  of  deposit  shall  be  retained  in  the 
treasury  for  the  payment  of  the  same  on  demand.  And  certifi 
cates  representing  coin  in  the  treasury  may  be  issued  in  payment 
of  interest  on  the  public  debt,  which  certificates,  together  with 
those  issued  for  coin  and  bullion  deposited,  shall  not  at  any 
time  exceed  twenty  per  centum  beyond  the  amount  of  coin  and 
bullion  in  the  treasury ;  and  the  certificates  for  coin  or  bullion 
in  the  treasury  shall  be  received  at  par  in  payment  for  duties  on 
imports. 

SEC.  6.  [Secretary  to  determine  form  of  bonds  and  notes,  &c.] 
SEC.  7.  And  be  it  further  enacted,  That  all  banks,  associations, 
corporations,  or  individuals,  issuing  notes  or  bills  for  circulation 
as  currency,  shall  be  subject  to  and  pay  a  duty  of  one  per  centum 
each  half  year  from  and  after  April  first,  eighteen  hundred  and 
sixty-three,  upon  the  average  amount  of  circulation  of  notes  or 
bills  as  currency  issued  beyond  the  amount  hereinafter  named, 
that  is  to  say :  banks,  associations,  corporations,  or  individuals, 
having  a  capital  of  not  over  one  hundred  thousand  dollars, 
ninety  per  centum  thereof ;  over  one  hundred  thousand  and  not 
over  two  hundred  thousand  dollars,  eighty  per  centum  thereof ; 
over  two  hundred  thousand  and  not  over  three  hundred  thousand 
dollars,  seventy  per  centum  thereof ;  over  three  hundred  thou- 


1863]  WAYS  AND   MEANS  67 

sand  and  not  over  five  hundred  thousand  dollars,  sixty  per 
centum  thereof ;  over  five  hundred  thousand  and  not  over  one 
million  of  dollars,  fifty  per  centum  thereof  ;  over  one  million  and 
not  over  one  million  and  a  half  of  dollars,  forty  per  centum 
thereof ;  over  one  million  and  a  half,  and  not  over  two  millions 
of  dollars,  thirty  per  centum  thereof ;  over  two  millions  of 
dollars,  twenty-five  per  centum  thereof.  In  the  case  of  banks 
with  branches,  the  duty  herein  provided  for  shall  be  imposed 
upon  the  circulation  of  the  notes  or  bills  of  such  branches  sever 
ally,  and  not  upon  the  aggregate  circulation  of  all;  and  the 
amount  of  capital  of  each  branch  shall  be  considered  to  be  the 
amount  allotted  to  or  used  by  such  branch ;  and  all  such  banks, 
associations,  corporations,  and  individuals  shall  also  be  subject 
to  and  pay  a  duty  of  one  half  of  one  per  centum  each  half  year 
from  and  after  April  first,  eighteen  hundred  and  sixty-three, 
upon  the  average  amount  of  notes  or  bills  not  otherwise  herein 
taxed  and  outstanding  as  currency  during  the  six  months  next 
preceding  the  return  hereinafter  provided  for ;  and  the  rates  of 
tax  or  duty  imposed  on  the  circulation  of  associations  which 
may  be  organized  under  the  act  "  to  provide  a  national  currency, 
secured  by  a  pledge  of  United  States  stocks,  and  to  provide  for 
the  circulation  and  redemption  thereof,"  approved  February 
twenty-fifth,  eighteen  hundred  and  sixty-three,  shall  be  the  same 
as  that  hereby  imposed  on  the  circulation  and  deposits  of  all 
banks,  associations,  corporations,  or  individuals,  but  shall  be 
assessed  and  collected  as  required  by  said  act ;  all  banks,  asso 
ciations,  or  corporations,  and  individuals  issuing  or  reissuing 
notes  or  bills  for  circulation  as  currency  after  April  first,  eigh 
teen  hundred  and  sixty-three,  in  sums  representing  any  fractional 
part  of  a  dollar,  shall  be  subject  to  and  pay  a  duty  of  five  per 
centum  each  half  year  thereafter  upon  the  amount  of  such  frac 
tional  notes  or  bills  so  issued.  And  all  banks,  associations, 
corporations,  and  individuals  receiving  deposits  of  money  sub 
ject  to  payment  on  check  or  draft,  except  savings  institutions, 
shall  be  subject  to  a  duty  of  one  eighth  of  one  per  centum  each 
half  year  from  and  after  April  first,  eighteen  hundred  and  sixty- 


68  ENROLMENT  ACT  [March  3 

three,  upon  the  average  amount  of  such  deposits  beyond  the 
average  amount  of  their  circulating  notes  or  bills  lawfully  issued 
and  outstanding  as  currency.  .  .  .* 

******* 

APPROVED,  March  3,  1863. 


No.   31.     Enrolment  Act 

March  3,  1863 

AUGUST  4,  1862,  Lincoln  ordered  a  draft  of  300,000  men.  Four  days  later 
it  was  ordered  that  no  citizen  liable  to  be  drafted  should  be  allowed  to  go  to 
a  foreign  country.  The  draft  was  completed  early  in  September.  A  bill  to 
provide  for  enrolling  and  calling  out  the  national  forces  was  reported  in  the 
Senate,  February  9,  1863,  by  Wilson  of  Massachusetts,  from  the  Committee  on 
Military  Affairs  and  Militia,  to  whom  the  subject  had  been  referred,  and  on 
the  1 6th  passed  without  a  division.  In  the  House  a  motion  to  limit  the  enrol 
ment  to  white  citizens  was  lost  by  a  vote  of  53  to  85;  an  attempt  to  strike 
out  the  $300  commutation  clause  also  failed,  the  vote  being  67  to  87.  Febru 
ary  25  the  bill  passed  the  House.  The  Senate  concurred  in  the  House  amend 
ments,  and  March  3  the  act  was  approved.  A  proclamation  under  section 
twenty-six  of  the  act  was  issued  March  10,  followed  May  8  by  a  proclamation 
relative  to  the  status  of  aliens  under  the  act. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  731-737.  For  the 
proceedings  see  the  House  and  Senate  Jo^trnals,  37th  Cong.,  3d  Sess.,  and  the 
Cong.  Globe.  A  summary  of  the  bill  as  reported  in  the  Senate  is  in  the  Globe, 
February  16.  The  executive  orders  of  August  4  and  8,  1862,  are  in  Richard 
son,  Messages  and  Papers  of  the  Presidents,  VI,  120-121.  On  the  enforce 
ment  of  the  act  see  the  annual  report  of  the  Secretary  of  War,  1863.  On 
the  draft  riots  in  New  York  see  Rhodes,  United  States,  IV,  320-328;  see  also 
Nicolay  and  Hay,  Lincoln,  VII,  chap.  I. 

1  The  Internal  Revenue  Act  of  March  3, 1865,  section  6,  imposed  a  tax  of  ten  per 
cent  on  the  amount  of  the  notes  of  any  State  bank  or  State  banking  association 
paid  out  by  them  after  July  I,  1866.  By  the  internal  revenue  act  of  July  13,  1866, 
this  section  was  amended  so  as  to  include  the  notes  of  "  persons  "  as  well  as  of 
banks,  the  notes  were  further  described  as  "  used  for  circulation,"  and  the  date  for 
the  imposition  of  the  tax  was  changed  to  August  i,  1866.  The  purpose  of  the  tax 
was  not,  of  course,  to  produce  revenue,  but  to  prevent  the  circulation  of  State  bank 
notes.  On  the  constitutionality  of  this  prohibition  see  Veazie  Bank  v.  Fenno, 
8  Wallace,  533. 


1 863]  ENROLMENT  ACT  69 

An  Act  for  enrolling  and  calling  out  the  national  Forces,  and  for 
other  Purposes. 

WHEREAS  there  now  exist  in  the  United  States  an  insurrection 
and  rebellion  against  the  authority  thereof,  and  it  is,  under 
the  Constitution  of  the  United  States,  the  duty  of  the  govern 
ment  to  suppress  insurrection  and  rebellion,  to  guarantee  to 
each  State  a  republican  form  of  government,  and  to  preserve 
the  public  tranquillity  ;  and  whereas,  for  these  high  purposes, 
a  military  force  is  indispensable,  to  raise  and  support  which 
all  .persons  ought  willingly  to  contribute  ;  and  whereas  no  ser 
vice  can  be  more  praiseworthy  and  honorable  than  that  which 
is  rendered  for  the  maintenance  of  the  Constitution  and 
Union,  and  the  consequent  preservation  of  free  government : 
Therefore  — 

Be  it  enacted  .  .  .,  That  all  able-bodied  male  citizens  of  the 
United  States,  and  persons  of  foreign  birth  who  shall  have 
declared  on  oath  their  intention  to  become  citizens  under  and  in 
pursuance  of  the  laws  thereof,  between  the  ages  of  twenty  and 
forty-five  years,  except  as  hereinafter  excepted,  are  hereby 
declared  to  constitute  the  national  forces,  and  shall  be  liable  to 
perform  military  duty  in  the  service  of  the  United  States  when 
called  out  by  the  President  for  that  purpose. 

SEC.  2.  And  be  it  further  enacted,  That  the  following  persons 
be,  and  they  are  hereby,  excepted  and  exempt  from  the  provi 
sions  of  this  act,  and  shall  not  be  liable  to  military  duty  under 
the  same,  to  wit :  Such  as  are  rejected  as  physically  or  mentally 
unfit  for  the  service  ;  also,  First  the  Vice-President  of  the  United 
States,  the  judges  of  the  various  courts  of  the  United  States,  the 
heads  of  the  various  executive  departments  of  the  government, 
and  the  governors  of  the  several  States.  Second,  the  only  son 
liable  to  military  duty  of  a  widow  dependent  upon  his  labor  for 
support.  Third,  the  only  son  of  aged  or  infirm  parent  or  parents 
dependent  upon  his  labor  for  support.  Fourth,  where  there  are 
two  or  more  sons  of  aged  or  infirm  parents  subject  to  draft,  the 
father,  or,  if  he  be  dead,  the  mother,  may  elect  which  son  shall 


70  ENROLMENT  ACT  [March  3 

be  exempt.  Fifth,  the  only  brother  of  children  not  twelve  years 
old,  having  neither  father  nor  mother  dependent  upon  his  labor 
for  support.  Sixth,  the  father  of  motherless  children  under 
twelve  years  of  age  dependent  upon  his  labor  for  support.  Sev 
enth,  where  there  are  a  father  and  sons  in  the  same  family  and 
household,  and  two  of  them  are  in  the  military  service  of  the 
United  States  as  non-commissioned  officers,  musicians,  or  pri 
vates,  the  residue  of  such  family  and  household,  not  exceeding 
two,  shall  be  exempt.  And  no  persons  but  such  as  are  herein 
excepted  shall  be  exempt :  Provided,  however,  That  no  person 
who  has  been  convicted  of  any  felony  shall  be  enrolled  or  per 
mitted  to  serve  in  said  forces. 

SEC.  3.  And  be  it  further  enacted,  That  the  national  forces  of 
the  United  States  not  now  in  the  military  service,  enrolled  under 
this  act,  shall  be  divided  into  two  classes :  the  first  of  which 
shall  comprise  all  persons  subject  to  do  military  duty  between 
the  ages  of  twenty  and  thirty-five  years,  and  all  unmarried  per 
sons  subject  to  do  military  duty  above  the  age  of  thirty-five  and 
under  the  age  of  forty-five ;  the  second  class  shall  comprise  all 
other  persons  subject  to  do  military  duty,  and  they  shall  not,  in 
any  district,  be  called  into  the  service  of  the  United  States  until 
those  of  the  first  class  shall  have  been  called.1 

SEC.  4.  And  be  it  further  enacted,  That,  for  greater  conven 
ience  in  enrolling,  calling  out,  and  organizing  the  national  forces, 
and  for  the  arrest  of  deserters  and  spies  of  the  enemy,  the 
United  States  shall  be  divided  into  districts,  of  which  the  Dis 
trict  of  Columbia  shall  constitute  one,  each  territory  of  the 
United  States  shall  constitute  one  or  more,  as  the  President 
shall  direct,  and  each  congressional  district  of  the  respective 
states,  as  fixed  by  a  law  of  the  state  next  preceding  the  enrol 
ment,  shall  constitute  one :  Provided,  That  in  states  which  have 
not  by  their  laws  been  divided  into  two  or  more  congressional 
districts,  the  President  of  the  United  States  shall  divide  the 
same  into  so  many  enrolment  districts  as  he  may  deem  fit  and 
convenient. 

l  See  act  of  February  24,  1864,  section  n. 


1863]  ENROLMENT  ACT  71 

SEC.  5.  And  be  it  further  enacted,  That  for  each  of  said  dis 
tricts  there  shall  be  appointed  by  the  President  a  provost-mar 
shal,  with  the  rank,  pay,  and  emoluments  of  a  captain  of  cavalry, 
or  an  officer  of  said  rank  shall  be  detailed  by  the  President,  who 
shall  be  under  the  direction  and  subject  to  the  orders  of  a  pro 
vost-marshal-general,  appointed  or  detailed  by  the  President  of 
the  United  States,  whose  office  shall  be  at  the  seat  of  govern 
ment,  forming  a  separate  bureau  of  the  War  Department.  .  .  . 

[Sections  6  and  7.  Duties  of  provost-marshal-general  and  pro 
vost  marshals.] 

SEC.  8.  And  be  it  further  enacted,  That  in  each  of  said  districts 
there  shall  be  a  board  of  enrolment,  to  be  composed  of  the  pro 
vost-marshal,  as  president,  and  two  other  persons,  to  be  ap 
pointed  by  the  President  of  the  United  States,  one  of  whom 
shall  be  a  licensed  and  practising  physician  and  surgeon. 

SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  said  board  to  divide  the  district  into  sub-districts  of  con 
venient  size,  if  they  shall  deem  it  necessary,  not  exceeding  two, 
without  the  direction  of  the  Secretary  of  War,  and  to  appoint, 
on  or  before  the  tenth  day  of  March  next,  and  in  each  alternate 
year  thereafter,  an  enrolling  officer  for  each  sub-district,  and  to 
furnish  him  with  proper  blanks  and  instructions ;  and  he  shall 
immediately  proceed  to  enrol  all  persons  subject  to  military 
duty,  noting  their  respective  places  of  residence,  ages  on  the 
first  day  of  July  following,  and  their  occupation,  and  shall,  on  or 
before  the  first  day  of  April,  report  the  same  to  the  board  of 
enrolment,  to  be  consolidated  into  one  list,  a  copy  of  which  shall 
be  transmitted  to  the  provost-marshal-general  on  or  before  the 
first  day  of  May  succeeding  the  enrolment :  Provided,  neverthe 
less,  That  if  from  any  cause  the  duties  prescribed  by  this  section 
cannot  be  performed  within  the  time  specified,  then  the  same 
shall  be  performed  as  soon  thereafter  as  practicable. 

SEC.  10.  And  be  it  further  enacted,  That  the  enrolment  of 
each  class  shall  be  made  separately,  and  shall  only  embrace 
those  whose  ages  shall  be  on  the  first  day  of  July  thereafter 
between  twenty  and  forty-five  years. 


72  ENROLMENT  ACT  [March  3 

SEC.  1 1 .  And  be  it  further  enacted,  That  all  persons  thus  en 
rolled  shall  be  subject,  for  two  years  after  the  first  day  of  July 
succeeding  the  enrolment,  to  be  called  into  the  military  service 
of  the  United  States,  and  to  continue  in  service  during  the 
present  rebellion,  not,  however,  exceeding  the  term  of  three 
years  ;  and  when  called  into  service  shall  be  placed  on  the  same 
footing,  in  all  respects,  as  volunteers  for  three  years,  or  during 
the  war,  including  advance  pay  and  bounty  as  now  provided  by 
law. 

SEC.  12.  And  be  it  further  enacted,  That  whenever  it  maybe 
necessary  to  call  out  the  national  forces  for  military  service,  the 
President  is  hereby  authorized  to  assign  to  each  district  the 
number  of  men  to  be  furnished  by  said  district ;  and  thereupon 
the  enrolling  board  shall,  under  the  direction  of  the  President, 
make  a  draft  of  the  required  number,  and  fifty  per  cent,  in 
addition.  .  .  . 

SEC.  13.  And  be  it  further  enacted,  That  any  person  drafted 
and  notified  to  appear  as  aforesaid,  may,  on  or  before  the  day 
fixed  for  his  appearance,  furnish  an  acceptable  substitute  to 
take  his  place  in  the  draft ;  or  he  may  pay  to  such  person  as  the 
Secretary  of  War  may  authorize  to  receive  it,  such  sum,  not  ex 
ceeding  three  hundred  dollars,  as  the  Secretary  may  determine, 
for  the  procuration  of  each  substitute  ;  which  sum  shall  be  fixed 
at  a  uniform  rate  by  a  general  order  made  at  the  time  of  order 
ing  a  draft  for  any  state  or  territory ;  and  thereupon  such  per 
son  so  furnishing  the  substitute,  or  paying  the  money,  shall 
be  discharged  from  further  liability  under  that  draft.  And  any 
person  failing  to  report  after  due  service  of  notice,  as  herein 
prescribed,  without  furnishing  a  substitute,  or  paying  the 
required  sum  therefor,  shall  be  deemed  a  deserter,  and  shall  be 
arrested  by  the  provost-marshal  and  sent  to  the  nearest  military 
post  for  trial  by  court-martial,  unless,  upon  proper  showing 
that  he  is  not  liable  to  do  military  duty,  the  board  of  enrolment 
shall  relieve  him  from  the  draft. 

[Sections  14  and  15.     Medical  inspection  of  persons  drafted.] 

SEC.  1 6.   [Those  drafted  and  not  wanted,  to  be  discharged.] 


1863]  ENROLMENT  ACT  73 

SEC.  17.  And  be  it  further  enacted.  That  any  person  enrolled 
and  drafted  according  to  the  provisions  of  this  act  who  shall  fur 
nish  an  acceptable  substitute,  shall  thereupon  receive  from  the 
board  of  enrolment  a  certificate  of  discharge  from  such  draft, 
which  shall  exempt  him  from  military  duty  during  the  time  for 
which  he  was  drafted  ;  and  such  substitute  shall  be  entitled  to 
the  same  pay  and  allowances  provided  by  law  as  if  he  had  been 
originally  drafted  into  the  service  of  the  United  States. 

SEC.  1 8.  And  be  it  further  enacted,  That  such  of  the  volun 
teers  and  militia  now  in  the  service  of  the  United  States  as  may 
reenlist  to  serve  one  year,  unless  sooner  discharged,  after  the 
expiration  of  their  present  term  of  service,  shall  be  entitled  to  a 
bounty  of  fifty  dollars,  one  half  of  which  to  be  paid  upon  such 
reenlistment,  and  the  balance  at  the  expiration  of  the  term  of  re- 
enlistment  ;  and  such  as  may  reenlist  to  serve  for  two  years, 
unless  sooner  discharged,  after  the  expiration  of  their  present 
term  of  enlistment,  shall  receive,  upon  such  reenlistment,  twenty- 
five  dollars  of  the  one  hundred  dollars  bounty  for  enlistment  pro 
vided  by  the  fifth  section  of  the  act ...  [of  July  22, 1861,  chap.  9]  ... 

[Sections  19  and  20.  When  companies  may  be  consolidated, 
&c.] 

[Sections  21  and  22.     Courts-martial.] 

SEC.  23.    [Clothes,  arms,  &c.,  not  to  be  sold  or  loaned.] 

SEC.  24.  [Penalty  for  inducing  desertion,  purchasing  arms, 
&c.] 

SEC.  25.  And  be  it  further  enacted,  That  if  any  person  shall 
resist  any  draft  of  men  enrolled  under  this  act  into  the  service 
of  the  United  States,  or  shall  counsel  or  aid  any  person  to  re 
sist  any  such  draft;  or  shall  assault  or  obstruct  any  officer  in 
making  such  draft,  or  in  the  performance  of  any  service  in  rela 
tion  thereto ;  or  shall  counsel  any  person  to  assault  or  obstruct 
any  such  officer,  or  shall  counsel  any  drafted  men  not  to  appear 
at  the  place  of  rendezvous,  or  wilfully  dissuade  them  from  the 
performance  of  military  duty  as  required  by  law,  such  person 
shall  be  subject  to  summary  arrest  by  the  provost-marshal,  and 
shall  be  forthwith  delivered  to  the  civil  authorities,  and,  upon 


74  ENROLMENT   ACT  [March  3 

conviction  thereof,  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  not  exceeding  two  years,  or 
by  both  of  said  punishments. 

SEC.  26.  [President  to  issue  proclamation  to  soldiers  absent, 
to  return,  &c.] 

[Sections  27-29  prescribe  administrative  details.] 

SEC.  30.  And  be  it  further  enacted,  That  in  time  of  war,  insur 
rection,  or  rebellion,  murder,  assault  and  battery  with  an  intent 
to  kill,  manslaughter,  mayhem,  wounding  by  shooting  or  stabbing 
with  an  intent  to  commit  murder,  robbery,  arson,  burglary,  rape, 
assault  and  battery  with  an  intent  to  commit  rape,  and  larceny, 
shall  be  punishable  by  the  sentence  of  a  general  court-martial  or 
military  commission,  when  committed  by  persons  who  are  in  the 
military  service  of  the  United  States,  and  subject  to  the  articles 
of  war ;  and  the  punishments  for  such  offences  shall  never  be 
less  than  those  inflicted  by  the  laws  of  the  state,  territory,  or 
district  in  which  they  may  have  been  committed. 

[Sections  31  and  32.     Pay,  furloughs,  &c.] 

SEC.  33.  And  be  it  further  enacted,  That  the  President  of  the 
United  States  is  hereby  authorized  and  empowered,  during  the 
present  rebellion,  to  call  forth  the  national  forces,  by  draft,  in 
the  manner  provided  for  in  this  act. 

SEC.  34.  And  be  it  further  enacted,  That  all  persons  drafted 
under  the  provisions  of  this  act  shall  be  assigned  by  the  Presi 
dent  to  military  duty  in  such  corps,  regiments,  or  other  branches 
of  the  service  as  the  exigencies  of  the  service  may  require. 

[Sections  35-37.  Special  service,  enlistments  from  volunteers 
to  regular  service,  cavalry,  &c.] 

SEC.  38.  And  be  it  further  enacted,  That  all  persons  who,  in 
time  of  war  or  of  rebellion  against  the  supreme  authority  of  the 
United  States,  shall  be  found  lurking  or  acting  as  spies,  in  or 
about  any  of  the  fortifications,  posts,  quarters,  or  encampments 
of  any  of  the  armies  of  the  United  States,  or  elsewhere,  shall  be 
triable  by  a  general  court-martial  or  military  commission,  and 
shall,  upon  conviction,  suffer  death, 

APPROVED,  March  3,  1863, 


1863]  HABEAS  CORPUS  75 

No.   32.     Act  relating  to  Habeas  Corpus 

March  3,  1863 

APRIL  27,  1861,  Lincoln  by  executive  order  authorized  General  Scott,  in 
his  discretion,  to  suspend  the  privilege  of  the  writ  of  habeas  corpus  on  any 
military  line  between  Philadelphia  and  Washington.  July  2  this  authorization 
was  extended  to  the  military  line  between  New  York  and  Washington.  A 
proclamation  of  May  10  authorized  suspension  in  the  islands  of  Key  West,  the 
Tortugas,  and  Santa  Rosa.  Doubt  as  to  the  legality  of  these  executive  orders, 
however,  reenforced  by  public  criticism  of  the  numerous  arrests  of  civilians  in 
pursuance  of  them,  led  to  the  issue,  February  14,  1862,  of  an  order  directing 
the  release  of  political  prisoners  held  in  military  custody,  "  on  their  subscrib 
ing  to  a  parole  engaging  them  to  render  no  aid  or  comfort  to  the  enemies  in 
hostility  to  the  United  States";  but  a  proclamation  of  September  24  declared  /MO/  ^ 
all  disloyal  persons  subject  to  martial  law,  and  suspended  the  privilege  of  the 
writ  as  to  such  persons.  An  act  of  August  6,  1861,  had  in  the  meantime 
validated  all  the  acts,  proclamations,  and  orders  of  the  President,  relating  to 
military  affairs,  issued  since  the  4th  of  March  preceding.  A  bill  "  to  indem 
nify  the  President  and  other  persons  for  suspending  the  privilege  of  the  writ 
of  habeas  corpus,  and  acts  done  in  pursuance  thereof,"  was  introduced  in  the 
House,  December  8,  1862,  by  Thaddeus  Stevens,  and  passed  the  same  day, 
notwithstanding  strong  opposition,  by  a  vote  of  91  to  46.  On  the  22d  a  pro 
test  against  the  bill,  signed  by  thirty-six  members  of  the  House,  was,  by  a 
vote  of  75  to  40,  refused  entry  on  the  journal.  The  bill  was  reported  with 
amendments  in  the  Senate  January  15,  1863,  and  passed  that  body  on  the 
27th,  after  long  discussion,  by  a  vote  of  33  to  7.  The  House,  by  a  vote  of  35 
to  114,  refused  to  agree  to  the  Senate  amendments,  and  the  bill  received  its 
final  form  from  a  conference  committee,  the  Senate  receding  from  its  amend 
ments  and  accepting  a  modified  form  of  the  House  bill.  A  proclamation  of 
September  15,  under  the  act,  declared  a  general  suspension  of  the  privilege 
of  the  writ  throughout  the  United  States ;  this  was  revoked  as  to  the  loyal 
States  December  I,  1865.  An  amendatory  act  was  passed  May  n,  1866. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  755-758.  For  the 
proceedings  see  the  House  and  Senate  Journals,  37th  Cong.,  3d  Sess.,  and 
the  Cong.  Globe.  The  Pendleton  protest  is  in  the  Globe,  December  22 ; 
the  Senate  amendments,  ibid.,  February  19,  House  proceedings.  Numerous 
orders,  reports,  letters,  etc.,  are  collected  in  McPherson,  Rebellion,  152-194 ; 
see  also  House  Exec.  Doc.  6,  37th  Cong.,  1st  Sess.,  and  Senate  Exec.  Doc.  n, 
37th  Cong.,  3d  Sess.  For  Taney's  opinion,  1861,  against  the  right  of  the 
President  to  suspend,  see  Ex  parte  Merryman,  Taney's  Reports,  246 ;  cf. 
Tyler,  Taney,  chap.  6.  The  opinion  of  Bates  affirming  the  right  is  in  House 


76  HABEAS  CORPUS  [March  3 

Exec.  Doc.  3,  37th  Cong.,  1st  Sess.  Cf.  Ex  parte  Milligan  (1866),  4  Wallace, 
2,  and  Garfield's  argument,  Works,  I,  158;  Vallandighani 's  Case,  I  Wallace, 
243.  On  Lincoln's  proclamation  of  September  24,  1862,  see  Curtis,  Constitu 
tional  History,  II,  668-686.  See  also  Rhodes,  United  States,  IV,  169-172, 
230,  note  2  ;  Dunning,  Essays,  37-49  ;  Thayer,  Cases  on  Constitutional  Law, 
2374,  2375  ;  Johnston  in  Lalor's  Cyclopedia,  II,  432-434 ;  reports  of  the 
Provost  Marshal  General ;  Sydney  G.  Fisher  in  Polit.  Sci.  Quart.,  Ill,  454 ; 
Whiting,  War  Powers ;  Nicolay  and  Hay,  Lincoln,  VII,  chap.  12;  VIII, 
chap.  2. 

An  Act  relating  to  Habeas  Corpus,  and  regulating  Judicial 
Proceedings  in  Certain  Cases. 

Be  it  enacted  .  .  .,  That,  during  the  present  rebellion,  the 
President  of  the  United  States,  whenever,  in  his  judgment,  the 
public  safety  may  require  it,  is  authorized  to  suspend  the  privi 
lege  of  the  writ  of  habeas  corpus  in  any  case  throughout  the 
United  States,  or  any  part  thereof.  And  whenever  and  wher 
ever  the  said  privilege  shall  be  suspended,  as  aforesaid,  no  mili 
tary  or  other  officer  shall  be  compelled,  in  answer  to  any  writ 
of  habeas  corpus,  to  return  the  body  of  any  person  or  persons 
detained  by  him  by  authority  of  the  President ;  but  upon  the 
certificate,  under  oath,  of  the  officer  having  charge  of  any  one 
so  detained  that  such  person  is  detained  by  him  as  a  prisoner 
under  authority  of  the  President,  further  proceedings  under  the 
writ  of  habeas  corpus  shall  be  suspended  by  the  judge  or  court 
having  issued  the  said  writ,  so  long  as  said  suspension  by  the 
President  shall  remain  in  force,  and  said  rebellion  continue. 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of  State 
and  the  Secretary  of  War  be,  and  they  are  hereby,  directed,  as 
soon  as  may  be  practicable,  to  furnish  to  the  judges  of  the 
circuit  and  district  courts  of  the  United  States  and  of  the  Dis 
trict  of  Columbia  a  list  of  the  names  of  all  persons,  citizens  of 
states  in  which  the  administration  of  the  laws  has  continued 
unimpaired  in  the  said  Federal  courts,  who  are  now,  or  may 
hereafter  be,  held  as  prisoners  of  the  United  States,  by  order  or 
authority  of  the  President  of  the  United  States  or  either  of  said 
Secretaries,  in  any  fort,  arsenal,  or  other  place,  as  state  or  politi- 


1863]  HABEAS  CORPUS  77 

cal  prisoners,  or  otherwise  than  as  prisoners  of  war ;  the  said 
list  to  contain  the  names  of  all  those  who  reside  in  the  respec 
tive  jurisdictions  of  said  judges,  or  who  may  be  deemed  by  the 
said  Secretaries,  or  either  of  them,  to  have  violated  any  law  of 
the  United  States  in  any  of  said  jurisdictions,  and  also  the  date 
of  each  arrest ;  .  .  .  And  in  all  cases  where  a  grand  jury,  hav 
ing  attended  any  of  said  courts  having  jurisdiction  in  the  prem 
ises,  after  the  passage  of  this  act,  and  after  the  furnishing  of 
said  list,  as  aforesaid,  has  terminated  its  session  without  finding 
an  indictment  or  presentment,  or  other  proceeding  against  any 
such  person,  it  shall  be  the  duty  of  the  judge  of  said  court  forth 
with  to  make  an  order  that  any  such  prisoner  desiring  a  dis 
charge  from  said  imprisonment  be  brought  before  him  to  be 
discharged ;  and  every  officer  of  the  United  States  having  cus 
tody  of  such  prisoner  is  hereby  directed  immediately  to  obey  and 
execute  said  judge's  order ;  and  in  case  he  shall  delay  or  refuse 
so  to  do,  he  shall  be  subject  to  indictment  for  a  misdemeanor, 
and  be  punished  by  a  fine  of  not  less  than  five  hundred  dollars 
and  imprisonment  in  the  common  jail  for  a  period  not  less  than 
six  months,  in  the  discretion  of  the  court :  Provided,  however, 
That  no  person  shall  be  discharged  by  virtue  of  the  provisions 
of  this  act  until  after  he  or  she  shall  have  taken  an  oath  of  alle 
giance  to  the  Government  of  the  United  States,  and  to  support 
the  Constitution  thereof ;  and  that  he  or  she  will  not  hereafter 
in  any  way  encourage  or  give  aid  and  comfort  to  the  present 
rebellion,  or  the  supporters  thereof:  And  provided,  also,  That 
the  judge  or  court  before  whom  such  person  may  be  brought, 
before  discharging  him  or  her  from  imprisonment,  shall  have 
power,  on  examination  of  the  case,  and,  if  the  public  safety  shall 
require  it,  shall  be  required  to  cause  him  or  her  to  enter  into 
recognizance,  with  or  without  surety,  in  a  sum  to  be  fixed  by 
said  judge  or  court,  to  keep  the  peace  and  be  of  good  behavior 
towards  the  United  States  and  its  citizens,  and  from  time  to 
time,  and  at  such  times  as  such  judge  or  court  may  direct, 
appear  before  said  judge  or  court  to  be  further  dealt  with,  ac- 
pording  to  law,  as  the  circumstances  may  require.  And  it  shall 


/8  HABEAS  CORPUS  [March  3 

be  the  duty  of  the  district  attorney  of  the  United  States  to 
attend  such  examination  before  the  judge. 

SEC.  3.  And  be  it  further  enacted.  That  in  case  any  of  such 
prisoners  shall  be  under  indictment  or  presentment  for  any 
offence  against  the  laws  of  the  United  States,  and  by  existing 
laws  bail  or  a  recognizance  may  be  taken  for  the  appearance 
for  trial  of  such  person,  it  shall  be  the  duty  of  said  judge  at 
once  to  discharge  such  person  upon  bail  or  recognizance  for 
trial  as  aforesaid.  And  in  case  the  said  Secretaries  of  State 
and  War  shall  for  any  reason  refuse  or  omit  to  furnish  the  said 
list  of  persons  held  as  prisoners  as  aforesaid  at  the  time  of  the 
passage  of  this  act  within  twenty  days  thereafter,  and  of  such 
persons  as  hereafter  may  be  arrested  within  twenty  days  from 
the  time  of  the  arrest,  any  citizen  may,  after  a  grand  jury  shall 
have  terminated  its  session  without  finding  an  indictment  or 
presentment,  as  provided  in  the  second  section  of  this  act,  by 
a  petition  alleging  the  facts  aforesaid  touching  any  of  the  per 
sons  so  as  aforesaid  imprisoned,  supported  by  the  oath  of  such 
petitioner  or  any  other  credible  person,  obtain  and  be  entitled 
to  have  the  said  judge's  order  to  discharge  such  prisoner  on  the 
same  terms  and  conditions  prescribed  in  the  second  section  of 
this  act :  Provided,  however,  That  the  said  judge  shall  be  satis 
fied  such  allegations  are  true. 

SEC.  4.  And  be  it  further  enacted,  That  any  order  of  the  Presi 
dent,  or  under  his  authority,  made  at  any  time  during  the  exist 
ence  of  the  present  rebellion,  shall  be  a  defence  in  all  courts  to 
any  action  or  prosecution,  civil  or  criminal,  pending,  or  to  be 
commenced,  for  any  search,  seizure,  arrest,  or  imprisonment, 
made,  done,  or  committed,  or  acts  omitted  to  be  done,  under 
and  by  virtue  of  such  order,  or  under  color  of  any  law  of  Con 
gress,  and  such  defence  may  be  made  by  special  plea,  or  under 
the  general  issue. 

SEC.  5.  [Actions  against  officers  and  others  for  torts  in 
arrests  may  be  removed  to  circuit  court  of  the  United  States.] 

SEC.  6.    [Suit  may  be  carried  to  the  Supreme  Court.] 

SEC.  7.   And  be  it  further  enacted,  That  no  suit  or  prosecution, 


1 863]  COLLECTION   OF  ABANDONED   PROPERTY  79 

civil  or  criminal,  shall  be  maintained  for  any  arrest  or  imprison 
ment  made,  or  other  trespasses  or  wrongs  done  or  committed, 
or  act  omitted  to  be  done,  at  any  time  during  the  present  rebel 
lion,  by  virtue  or  under  color  of  any  authority  derived  from  or 
exercised  by  or  under  the  President  of  the  United  States,  or  by 
or  under  any  act  of  Congress,  unless  the  same  shall  have  been 
commenced  within  two  years  next  after  such  arrest,  imprison 
ment,  trespass,  or  wrong  may  have  been  done  or  committed  or 
act  may  have  been  vomitted  to  be  done :  Provided,  That  in  no 
case  shall  the  limitation  herein  provided  commence  to  run  until 
the  passage  of  this  act,  so  that  no  party  shall,  by  virtue  of  this 
act,  be  debarred  of  his  remedy  by  suit  or  prosecution  until  two 
years  from  and  after  the  passage  of  this  act. 
APPROVED,  March  3,  1863. 


No.  33.     Act  for  the  Collection  of  Abandoned 

Property 

March  3,  1863 

A  BILL  "  to  provide  for  the  collection  of  abandoned  property,  for  the  pur 
chase  of  staples,  and  for  the  prevention  of  frauds  in  the  insurrectionary  dis 
tricts  within  the  United  States,"  was  introduced  in  the  Senate,  February  19, 
1863,  by  Zachariah  Chandler  of  Michigan,  and  referred  to  the  Committee  on 
Commerce,  which  reported  it  with  amendments  on  the  26th.  Of  the  amend 
ments  agreed  to  by  the  House,  the  most  important  were  those  providing  that 
the  act  should  not  apply  to  naval  prizes,  and  striking  out  the  section  authoriz 
ing  the  purchase  of  certain  agricultural  staples  by  agents  of  the  government. 
The  bill  passed  the  House  February  27,  and  the  Senate  March  3. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XII,  820,  821.  For  the 
proceedings  see  the  House  and  Senate  Journals,  3yth  Cong.,  3d  Sess.,  and  the 
Cong.  Globe.  The  House  proceedings  are  not  important.  See  also  House 
Exec.  Doc.  99,  3Qth  Cong.,  ist  Sess. 

An  Act  to  provide  for  the  Collection  of  abandoned  Property  and 
for  the  Prevention  of  Frauds  in  insurrectionary  Districts  within 
the  United  States. 
Be  it  enacted  .  .  .,  That  it  shall  be  lawful  for  the  Secretary  of 

the  Treasury,  from  and  after  the  passage  of  this  act,  as  he  shall 


8O  COLLECTION  OF  ABANDONED   PROPERTY      [March  3 

from  time  to  time  see  fit,  to  appoint  a  special  agent  or  agents  to 
receive  and  collect  all  abandoned  or  captured  property  in  any 
state  or  territory,  or  any  portion  of  any  state  or  territory,  of  the 
United  States,  designated  as  in  insurrection  against  the  lawful 
Government  of  the  United  States  by  the  proclamation  of  the  Pres 
ident  of  July  first,  eighteen  hundred  and  sixty-two :  Provided, 
That  such  property  shall  not  include  any  kind  or  description  which 
has  been  used,  or  which  was  intended  to  be  used,  for  waging  or 
carrying  on  war  against  the  United  States,  such  as  arms,  ordnance, 
ships,  steamboats,  or  other  water  craft,  and  the  furniture,  forage, 
military  supplies,  or  munitions  of  war. 

SEC.  2.  And  be  it  further  enacted,  That  any  part  of  the  goods 
or  property  received  or  collected  by  such  agent  or  agents  may  be 
appropriated  to  public  use  on  due  appraisement  and  certificate 
thereof,  or  forwarded  to  any  place  of  sale  within  the  loyal  states, 
as  the  public  interests  may  require ;  and  all  sales  of  such  property 
shall  be  at  auction  to  the  highest  bidder,  and  the  proceeds  thereof 
shall  be  paid  into  the  treasury  of  the  United  States. 

SEC.  3.  And  be  it  further  enacted,  .  .  .  And  any  person  claim 
ing  to  have  been  the  owner  of  any  such  abandoned  or  captured 
property  may,  at  any  time  within  two  years  after  the  suppression  of 
the  rebellion,  prefer  his  claim  to  the  proceeds  thereof  in  the  court 
of  claims ;  and  on  proof  to  the  satisfaction  of  said  court  of  his 
ownership  of  said  property,  of  his  right  to  the  proceeds  thereof, 
and  that  he  has  never  given  any  aid  or  comfort  to  the  present 
rebellion,  to  receive  the  residue  of  such  proceeds,  after  the  deduc 
tion  of  any  purchase- money  which  may  have  been  paid,  together 
with  the  expense  of  transportation  and  sale  of  said  property,  and 
any  other  lawful  expenses  attending  the  disposition  thereof. 

SEC.  4.  And  be  it  further  enacted,  That  all  property  coming  into 
any  of  the  United  States  not  declared  in  insurrection  as  aforesaid, 
from  within  any  of  the  states  declared  in  insurrection,  through  or 
by  any  other  person  than  any  agent  duly  appointed  under  the  pro 
visions  of  this  act,  or  under  a  lawful  clearance  by  the  proper  officer 
of  the  Treasury  Department,  shall  be  confiscated  to  the  use  of  the 
Government  of  the  United  States.  .  .  .  And  any  agent  or  agents, 


1863]  FOREIGN   MEDIATION  8 1 

person  or  persons,  by  or  through  whom  such  property  shall  come 
within  the  lines  of  the  United  States  unlawfully,  as  aforesaid,  shall 
be  judged  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  fined  in  any  sum  not  exceeding  one  thousand  dollars,  or  impris 
oned  for  any  time  not  exceeding  one  year,  or  both,  at  the  discre 
tion  of  the  court.  .  .  . 

SEC.  5.  [Pay  of  special  agents  at  ports  opened  in  states  in 
insurrection.] 

SEC.  6.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
every  officer  or  private  of  the  regular  or  volunteer  forces  of  the 
United  States,  or  any  officer,  sailor,  or  marine  in  the  naval  service 
of  the  United  States  upon  the  inland  waters  of  the  United  States, 
who  may  take  or  receive  any  such  abandoned  property,  or  cotton, 
sugar,  rice,  or  tobacco,  from  persons  in  such  insurrectionary  dis 
tricts,  or  have  it  under  his  control,  to  turn  the  same  over  to  an 
agent  appointed  as  aforesaid,  who  shall  give  a  receipt  therefor ; 
and  in  case  he  shall  refuse  or  neglect  so  to  do,  he  shall  be  tried 
by  a  court-martial,  and  shall  be  dismissed  from  the  service,  or,  if 
an  officer,  reduced  to  the  ranks,  or  suffer  such  other  punishment 
as  said  court  shall  order,  with  the  approval  of  the  President  of  the 
United  States. 

SEC.  7.  And  be  it  further  enacted.  That  none  of  the  provisions 
of  this  act  shall  apply  to  any  lawful  maritime  prize  by  the  naval 
forces  of  the  United  States. 

APPROVED,  March  12,*  1863. 


No.  34.     Resolution  against  Foreign  Mediation 

March  3,  1863 

DECEMBER  4,  1862,  Thaddeus  Stevens  offered  in  the  House  four  resolu 
tions,  one  of  which  declared  "that  this  government  can  never  accept  the 
mediation  nor  permit  the  intervention  of  any  foreign  nation  during  this  re 
bellion  in  our  domestic  affairs."  A  report  from  the  Secretary  of  State,  with 
documents,  "  on  the  subjects  of  mediation,  arbitration,  or  other  measures  look- 

l  See  House  Report  108,  s8th  Cong.,  ist  Sess. 
G 


82  FOREIGN  MEDIATION  [March  3 

ing  to  the  termination  of  the  existing  civil  war,"  was  laid  before  the  Senate 
February  12,  1863,  and  referred  to  the  Committee  on  Foreign  Relations,  which 
reported  on  the  28th,  through  Charles  Sumner,  the  resolution  following.  The 
resolution  passed  the  Senate  March  3,  by  a  vote  of  31  to  5,  and  the  House  on 
the  same  day  by  a  vote  of  103  to  28. 

REFERENCES. —  Text  in  Senate  Journal,  37th  Cong.,  3d  Sess.,  367,  368. 
There  was  no  debate  in  the  House.  For  the  diplomatic  correspondence  see 
British  and  Foreign  State  Papers,  LV,  412-451.  See  also  Nicolay  and  Hay, 
Lincoln,  VI,  chap.  4. 

WHEREAS  it  appears  from  the  diplomatic  correspondence  sub 
mitted  to  Congress  that  a  proposition,  friendly  in  form,  looking 
to  pacification  through  foreign  mediation,  has  been  made  to  the 
United  States  by  the  Emperor  of  the  French  and  promptly 
declined  by  the  President ;  and  whereas  the  idea  of  mediation 
or  intervention  in  some  shape  may  be  regarded  by  foreign  gov 
ernments  as  practicable,  and  such  governments,  through  this 
misunderstanding,  may  be  led  to  proceedings  tending  to  embar 
rass  the  friendly  relations  which  now  exist  between  them  and 
the  United  States ;  and  whereas,  in  order  to  remove  for  the 
future  all  chance  of  misunderstanding  on  this  subject,  and  to 
secure  for  the  United  States  the  full  enjoyment  of  that  freedom 
from  foreign  interference  which  is  one  of  the  highest  rights  of 
independent  states,  it  seems  fit  that  Congress  should  declare  its 
convictions  thereon :  Therefore  — 

Resolved,  (the  House  of  Representatives  concurring,)  That 
while  in  times  past  the  United  States  have  sought  and  accepted 
the  friendly  mediation  or  arbitration  of  foreign  powers  for  the 
pacific  adjustment  of  international  questions,  where  the  United 
States  were  the  party  of  the  one  part  and  some  other  sovereign 
power  the  party  of  the  other  part ;  and  while  they  are  not  dis 
posed  to  misconstrue  the  natural  and  humane  desire  of  foreign 
powers  to  aid  in  arresting  domestic  troubles,  which,  widening  in 
their  influence,  have  afflicted  other  countries,  especially  in  view 
of  the  circumstance,  deeply  regretted  by  the  American  people, 
that  the  blow  aimed  by  the  rebellion  at  the  national  life  has  fallen 
heavily  upon  the  laboring  population  of  Europe :  yet,  notwith- 


1863]  FOREIGN  MEDIATION  83 

standing  these  things,  Congress  cannot  hesitate  to  regard  every 
proposition  of  foreign  interference  in  the  present  contest  as  so 
far  unreasonable  and  inadmissible  that  its  only  explanation  will 
be  found  in  a  misunderstanding  of  the  true  state  of  the  question, 
and  of  the  real  character  of  the  war  in  which  the  republic  is 
engaged. 

Resolved,  That  the  United  States  are  now  grappling  with  an 
unprovoked  and  wicked  rebellion,  which  is  seeking  the  destruc 
tion  of  the  republic  that  it  may  build  a  new  power,  whose 
corner-stone,  according  to  the  confession  of  its  chief,  shall  be 
slavery ;  that  for  the  suppression  of  this  rebellion,  and  thus  to 
save  the  republic  and  to  prevent  the  establishment  of  such  a 
power,  the  national  government  is  now  employing  armies  and 
fleets,  in  full  faith  that  through  these  efforts  all  the  purposes  of 
conspirators  and  rebels  will  be  crushed ;  that  while  engaged  in 
this  struggle,  on  which  so  much  depends,  any  proposition  from 
a  foreign  power,  whatever  form  it  may  take,  having  for  its  object 
the  arrest  of  these  efforts,  is,  just  in  proportion  to  its  influence, 
an  encouragement  to  the  rebellion,  and  to  its  declared  preten 
sions,  and,  on  this  account,  is  calculated  to  prolong  and  embitter 
the  conflict,  to  cause  increased  expenditure  of  blood  and  treas 
ure,  and  to  postpone  the  much-desired  day  of  peace ;  that,  with 
these  convictions,  and  not  doubting  that  every  such  proposition, 
although  made  with  good  intent,  is  injurious  to  the  national 
interests,  Congress  will  be  obliged  to  look  upon  any  further 
attempt  in  the  same  direction  as  an  unfriendly  act  which  it 
earnestly  deprecates,  to  the  end  that  nothing  may  occur  abroad 
to  strengthen  the  rebellion  or  to  weaken  those  relations  of  good 
will  with  foreign  powers  which  the  United  States  are  happy  to 
cultivate. 

Resolved,  That  the  rebellion  from  its  beginning,  and  far  back 
even  in  the  conspiracy  which  preceded  its  outbreak,  was  encour 
aged  by  the  hope  of  support  from  foreign  powers  ;  that  its  chiefs 
frequently  boasted  that  the  people  of  Europe  were  so  far  de 
pendent  upon  regular  supplies  of  the  great  southern  staple  that, 
sooner  or  later,  their  governments  would  be  constrained  to  take 


84  FOREIGN   MEDIATION  [March  3 

side  with  the  rebellion  in  some  effective  form,  even  to  the  extent 
of  forcible  intervention,  if  the  milder  form  did  not  prevail ;  that 
the  rebellion  is  now  sustained  by  this  hope,  which  every  propo 
sition  of  foreign  interference  quickens  anew,  and  that,  without 
this  life-giving  support,  it  must  soon  yield  to  the  just  and  paternal 
authority  of  the  national  government ;  that,  considering  these 
things,  which  are  aggravated  by  the  motive  of  the  resistance 
thus  encouraged,  the  United  States  regret  that  foreign  powers 
have  not  frankly  told  the  chiefs  of  the  rebellion  that  the  work  in 
which  they  are  engaged  is  hateful,  and  that  a  new  government, 
such  as  they  seek  to  found,  with  slavery  as  its  acknowledged 
cornerstone,  and  with  no  other  declared  object  of  separate  exist 
ence,  is  so  far  shocking  to  civilization  and  the  moral  sense  of 
mankind  that  it  must  not  expect  welcome  or  recognition  in  the 
commonwealth  of  nations. 

Resolved^  That  the  United  States,  confident  in  the  justice  of 
their  cause,  which  is  the  cause,  also,  of  good  government  and  of 
human  rights  everywhere  among  men ;  anxious  for  the  speedy 
restoration  of  peace,  which  shall  secure  tranquillity  at  home  and 
remove  all  occasion  of  complaint  abroad ;  and  awaiting  with 
well-assured  trust  the  final  suppression  of  the  rebellion,  through 
which  all  these  things,  rescued  from  present  danger,  will  be 
secured  forever,  and  the  republic,  one  and  indivisible,  trium 
phant  over  its  enemies,  will  continue  to  stand  an  example  to 
mankind,  hereby  announce,  as  their  unalterable  purpose,  that  the 
war  will  be  vigorously  prosecuted,  according  to  the  humane 
principles  of  Christian  states,  until  the  rebellion  shall  be  over 
come  ;  and  they  reverently  invoke  upon  their  cause  the  bless 
ings  of  Almighty  God. 

Resolved,  That  the  President  be  requested  to  transmit  a  copy 
of  these  resolutions,  through  the  Secretary  of  State,  to  the  minis 
ters  of  the  United  States  in  foreign  countries,  that  the  declara 
tion  and  protest  herein  set  forth  may  be  communicated  by  them 
to  the  governments  to  which  they  are  accredited. 


1863]  PROCLAMATION  OF  AMNESTY  85 

No.  35.     Proclamation  of  Amnesty 

December  8,  1863 

THE  proclamation  of  December  8,  1863,  offering  amnesty  on  conditions, 
was  issued  under  authority  of  the  so-called  Confiscation  Act  of  July  17,  1862 
[No.  24],  In  his  annual  message  of  the  same  date,  Lincoln  urged  the  propriety 
of  the  proclamation,  and  expressed  the  opinion  "that  nothing  is  attempted 
beyond  what  is  amply  justified  by  the  Constitution."  A  supplementary  proc 
lamation  of  March  26,  1864,  explained  that  the  previous  proclamation  did  not 
apply  to  prisoners  of  war. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  Appendix,  vii-ix.  A 
circular  to  United  States  district  attorneys  is  in  McPherson,  Rebellion,  148, 
149.  See  also  Cox,  Three  Decades,  chap.  33  ;  Johnston  in  Lalor's  Cyclopedia, 
I,  89,  90;  Nicolay  and  Hay,  Lincoln,  IX,  chap.  19;  Elaine,  Twenty  Years  of 
Congress,  I,  chap.  21;  McCall,  Thaddeus  Stevens,  chap.  13. 

[THE  proclamation  begins  with  a  statement  of  the  constitu 
tional  right  of  the  President  to  grant  pardons,  of  the  existence 
of  rebellion  in  certain  States,  of  the  authorization  of  pardon  by 
proclamation  under  the  Confiscation  Act,  and  of  the  previous 
issuance  of  proclamations  "  in  regard  to  the  liberation  of  slaves," 
and  continues  :  ]  and 

Whereas,  it  is  now  desired  by  some  persons  heretofore  en 
gaged  in  said  rebellion  to  resume  their  allegiance  to  the  United 
States,  and  to  reinaugurate  loyal  state  governments  within  and 
for  their  respective  states  :  Therefore  — 

I,  ABRAHAM  LINCOLN,  President  of  the  United  States,  do  pro 
claim,  declare,  and  make  known  to  all  persons  who  have,  directly 
or  by  implication,  participated  in  the  existing  rebellion,  except 
as  hereinafter  excepted,  that  a  full  pardon  is  hereby  granted  to 
them  and  each  of  them,  with  restoration  of  all  rights  of  property, 
except  as  to  slaves,  and  in  property  cases  where  rights  of  third 
parties  shall  have  intervened,  and  upon  the  condition  that  every 
such  person  shall  take  and  subscribe  an  oath,  and  thenceforward 
keep  and  maintain  said  oath  inviolate ;  and  which  oath  shall  be 
registered  for  permanent  preservation,  and  shall  be  of  the  tenor 
and  effect  following,  to  wit :  — 


86  PROCLAMATION  OF  AMNESTY  [Dec.  8 

"  I, — ,  do  solemnly  swear,  in  presence  of  Almighty 

God,  that  I  will  henceforth  faithfully  support,  protect,  and  de 
fend  the  Constitution  of  the  United  States  and  the  Union  of  the 
States  thereunder ;  and  that  I  will,  in  like  manner,  abide  by  and 
faithfully  support  all  acts  of  congress  passed  during  the  existing 
rebellion  with  reference  to  slaves,  so  long  and  so  far  as  not  re 
pealed,  modified,  or  held  void  by  congress,  or  by  decision  of  the 
supreme  court;  and  that  I  will,  in  like  manner,  abide  by  and 
faithfully  support  all  proclamations  of  the  President  made  during 
the  existing  rebellion  having  reference  to  slaves,  so  long  and  so 
far  as  not  modified  or  declared  void  by  decision  of  the  supreme 
court.  So  help  me  God." 

The  persons  excepted  from  the  benefits  of  the  foregoing  pro 
visions  are  all  who  are,  or  shall  have  been,  civil  or  diplomatic 
officers  or  agents  of  the  so-called  Confederate  government ;  all 
who  have  left  judicial  stations  under  the  United  States  to  aid 
the  rebellion ;  all  who  are,  or  shall  have  been,  military  or  naval 
officers  of  said  so-called  Confederate  government  above  the  rank 
of  colonel  in  the  army  or  of  lieutenant  in  the  navy;  all  who  left 
seats  in  the  United  States  congress  to  aid  the  rebellion ;  all  who 
resigned  commissions  in  the  army  or  navy  of  the  United  States 
and  afterwards  aided  the  rebellion ;  and  all  who  have  engaged 
in  any  way  in  treating  colored  persons,  or  white  persons  in 
charge  of  such,  otherwise  than  lawfully  as  prisoners  of  war,  and 
which  persons  may  have  been  found  in  the  United  States  service 
as  soldiers,  seamen,  or  in  any  other  capacity. 

And  I  do  further  proclaim,  declare,  and  make  known  that 
whenever,  in  any  of  the  States  of  Arkansas,  Texas,  Louisiana, 
Mississippi,  Tennessee,  Alabama,  Georgia,  Florida,  South  Caro 
lina,  and  North  Carolina,1  a  number  of  persons,  not  less  than 
one  tenth  in  number  of  the  votes  cast  in  such  state  at  the  presi 
dential  election  of  the  year  of  our  Lord  one  thousand  eight  hun 
dred  and  sixty,  each  having  taken  the  oath  aforesaid,  and  not 

1  The  omission  of  Virginia  is  explained  by  the  fact  that  Lincoln  had  already 
recognized  the  so-called  Pierpont  government 


1863]  PROCLAMATION  OF  AMNESTY  8/ 

having  since  violated  it,  and  being  a  qualified  voter  by  the  elec 
tion  law  of  the  state  existing  immediately  before  the  so-called 
act  of  secession,  and  excluding  all  others,  shall  reestablish  a 
state  government  which  shall  be  republican,  and  in  nowise  con 
travening  said  oath,  such  shall  be  recognized  as  the  true  govern 
ment  of  the  state,  and  the  state  shall  receive  thereunder  the 
benefits  of  the  constitutional  provision  which  declares  that  "  the 
United  States  shall  guaranty  to  every  state  in  this  Union  a  re 
publican  form  of  government,  and  shall  protect  each  of  them 
against  invasion ;  and  on  application  of  the  legislature,  or  the 
executive,  (when  the  legislature  cannot  be  convened,)  against 
domestic  violence." 

And  I  do  further  proclaim,  declare,  and  make  known  that  any 
provision  which  may  be  adopted  by  such  state  government  in 
relation  to  the  freed  people  of  such  state,  which  shall  recognize 
and  declare  their  permanent  freedom,  provide  for  their  educa 
tion,  and  which  may  yet  be  consistent  as  a  temporary  arrange 
ment  with  their  present  condition  as  a  laboring,  landless,  and 
homeless  class,  will  not  be  objected  to  by  the  National  Executive. 

And  it  is  suggested  as  not  improper  that,  in  constructing  a 
loyal  state  government  in  any  state,  the  name  of  the  state,  the 
boundary,  the  subdivisions,  the  constitution,  and  the  general 
code  of  laws,  as  before  the  rebellion,  be  maintained,  subject  only 
to  the  modifications  made  necessary  by  the  conditions  hereinbe 
fore  stated,  and  such  others,  if  any,  not  contravening  said  con 
ditions,  and  which  may  be  deemed  expedient  by  those  framing 
the  new  state  government. 

To  avoid  misunderstanding,  it  may  be  proper  to  say  that  this 
proclamation,  so  far  as  it  relates  to  state  governments,  has  no 
reference  to  states  wherein  loyal  state  governments  have  all  the 
while  been  maintained.  And,  for  the  same  reason,  it  may  be 
proper  to  further  say,  that  whether  members  sent  to  congress 
from  any  state  shall  be  admitted  to  seats  constitutionally  rests 
exclusively  with  the  respective  houses,  and  not  to  any  extent 
with  the  Executive.  And  still  further,  that  this  proclamation  is 
intended  to  present  the  people  of  the  states  wherein  the  national 


88  SUPPLEMENTARY   ENROLMENT  ACT  [Feb.  24 

authority  has  been  suspended,  and  loyal  state  governments  have 
been  subverted,  a  mode  in  and  by  which  the  national  authority 
and  loyal  state  governments  may  be  reestablished  within  said 
states,  or  in  any  of  them ;  and,  while  the  mode  presented  is  the 
best  the  Executive  can  suggest,  with  his  present  impressions, 
it  must  not  be  understood  that  no  other  possible  mode  would 
be  acceptable. 


No.  36.     Supplementary  Enrolment  Act 

February  24,  1864 

A  BILL  to  amend  the  enrolment  act  of  March  3,  1863  [No.  31],  was  intro 
duced  in  the  Senate,  January  5,  1864,  by  Wilson  of  Massachusetts,  and  on  the 
l8th  passed  with  amendments,  the  vote  being  30  to  10.  With  further  amend 
ments  the  bill  passed  the  House,  February  12,  by  a  vote  of  94  to  65.  The 
Senate  refused  to  accept  the  amendments  of  the  House,  and  the  bill  received 
its  final  form  from  a  conference  committee.  The  discussions  and  proposed 
amendments  related  chiefly  to  the  furnishing  of  substitutes,  the  penalty  for 
resistance  to  the  draft,  and  the  enlistment  of  negroes. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  6-n.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  38th  Cong.,  ist  Sess.,  and  the 
Cong.  Globe. 

An  Act  to  amend  an  Act  entitled  "An  Act  for  enrolling  and  call 
ing  out  the  National  Forces,  and  for  other  Purposes"  approved 
March  third,  eighteen  hundred  and  sixty-three. 

Be  it  enacted  .  .  .,  That  the  President  of  the  United  States 
shall  be  authorized,  whenever  he  shall  deem  it  necessary,  during 
the  present  war,  to  call  for  such  number  of  men  for  the  military 
service  of  the  United  States  as  the  public  exigencies  may  require. 

SEC.  2.  And  be  it  further  enacted,  That  the  quota  of  each  ward 
of  a  city,  town,  township,  precinct,  or  election  district,  or  of  a 
county,  where  the  county  is  not  divided  into  wards,  towns,  town 
ships,  precincts,  or  election  districts,  shall  be,  as  nearly  as  pos 
sible,  in  proportion  to  the  number  of  men  resident  therein  liable 


1864]  SUPPLEMENTARY  ENROLMENT   ACT  89 

to  render  military  service,  taking  into  account  as  far  as  practica 
ble,  the  number  which  has  been  previously  furnished  therefrom  ; 
and  in  ascertaining  and  filling  said  quota  there  shall  be  taken  into 
account  the  number  of  men  who  have  heretofore  entered  the 
naval  service  of  the  United  States,  and  whose  names  are  borne 
upon  the  enrolment  lists  as  already  returned  to  the  office  of  the 
provost-marshal  general  of  the  United  States. 

SEC.  3.  [If  quota  is  not  filled  by  volunteers,  draft  to  be 
made.] 

SEC.  4.  And  be  it  further  enacted,  That  any  person  enrolled 
under  the  provisions  of  the  act  ...  [of  March  3,  1863]  .  .  ., 
or  who  may  be  hereafter  so  enrolled,  may  furnish,  at  any  time 
previous  to  the  draft,  an  acceptable  substitute,  who  is  not  liable 
to  draft,  nor  at  the  time  in  the  military  or  naval  service  of  the 
United  States,  and  such  person  so  furnishing  a  substitute 
shall  be  exempt  from  draft  during  the  time  for  which  [such] 
substitute  shall  not  be  liable  to  draft,  not  exceeding  the  time  for 
which  such  substitute  shall  have  been  accepted. 

SEC.  5 .  And  be  it  further  enacted,  That  any  person  drafted  into 
the  military  service  of  the  United  States  may,  before  the  time 
fixed  for  his  appearance  for  duty  at  the  draft  rendezvous,  furnish 
an  acceptable  substitute,  subject  to  such  rules  and  regulations  as 
may  be  prescribed  by  the  Secretary  of  War.  That  if  such  sub 
stitute  is  not  liable  to  draft,  the  person  furnishing  him  shall  be 
exempt  from  draft  during  the  time  for  which  such  substitute  is 
not  liable  to  draft,  not  exceeding  the  term  for  which  he  was 
drafted  ;  and,  if  such  substitute  is  liable  to  draft,  the  name  of  the 
person  furnishing  him  shall  again  be  placed  on  the  roll,  and 
shall  be  liable  to  draft  on  future  calls,  but  not  until  the  present 
enrolment  shall  be  exhausted  ;  and  this  exemption  shall  not  ex 
ceed  the  term  for  which  such  person  shall  have  been  drafted. 
And  any  person  now  in  the  military  or  naval  service  of  the  United 
States,  not  physically  disqualified,  who  has  so  served  more  than 
one  year,  and  whose  term  of  unexpired  service  shall  not  at  the 
time  of  substitution  exceed  six  months,  may  be  employed  as  a 
substitute  to  serve  in  the  troops  of  the  State  in  which  he  enlisted ; 


9O  SUPPLEMENTARY  ENROLMENT  ACT  [Feb.  24 

and  if  any  drafted  person  shall  hereafter  pay  money  for  the  procu 
ration  of  a  substitute,  under  the  provisions  of  the  act  to  which 
this  is  an  amendment,  such  payment  of  money  shall  operate  only 
to  relieve  such  person  from  draft  in  filling  that  quota ;  and  his 
name  shall  be  retained  on  the  roll  in  filling  future  quotas ;  but 
in  no  instance  shall  the  exemption  of  any  person,  on  account  of 
his  payment  of  commutation  money  for  the  procuration  of  a  sub 
stitute,  extend  beyond  one  year ;  but  at  the  end  of  one  year,  in 
every  such  case,  the  name  of  any  person  so  exempted  shall  be 
enrolled  again,  if  not  before  returned  to  the  enrolment  list  under 
the  provisions  of  this  section. 

SEC.  6.  And  be  it  further  enacted,  That  boards  of  enrolment 
shall  enroll  all  persons  liable  to  draft  under  the  provisions  of  this 
act,  and  the  act  to  which  this  is  an  amendment,  whose  names 
may  have  been  omitted  by  the  proper  enrolling  officers  ;  all  per 
sons  who  shall  arrive  at  the  age  of  twenty  years  before  the  draft ; 
all  aliens  who  shall  declare  their  intentions  to  become  citizens ; 
all  persons  discharged  from  the  military  or  naval  service  of  the 
United  States  who  have  not  been  in  such  service  two  years 
during  the  present  war  ;  and  all  persons  who  have  been  exempted 
under  the  provisions  of  the  second  section  of  the  act  to  which 
this  is  an  amendment,  but  who  are  not  exempted  by  the  pro 
visions  of  this  act ;  and  said  boards  of  enrolment  shall  release 
and  discharge  from  draft  all  persons  who,  between  the  time  of 
the  enrolment  and  the  draft,  shall  have  arrived  at  the  age  of 
forty-five  years,  and  shall  strike  the  names  of  such  persons 
from  the  enrolment. 

[Sections  7-9  relate  to  the  enlistment  of  seamen.] 
SEC.  10.  And  be  it  further  enacted,  That  the  following  persons 
be  and  they  are  hereby  exempted  from  enrolment  and  draft 
under  the  provisions  of  this  act  and  of  the  act  to  which  this  is 
an  amendment,  to  wit :  Such  as  are  rejected  as  physically  or 
mentally  unfit  for  the  service,  all  persons  actually  in  the  military 
or  naval  service  of  the  United  States  at  the  time  of  the  draft,  and 
all  persons  who  have  served  in  the  military  or  naval  service  two 
years  during  the  present  war  and  been  honorably  discharged 


1864]  SUPPLEMENTARY   ENROLMENT  ACT  91 

therefrom ;  and  no  persons  but  such  as  are  herein  exempted 
shall  be  exempt. 

SEC.  ii.  And  be  it  further  enacted,  That  section  third  of  the 
"  Act  for  enrolling  and  calling  out  the  national  forces,  and  for 
other  purposes,"  approved  March  third,  eighteen  hundred  and 
sixty-three,  and  so  much  of  section  ten  of  said  act  as  provides 
for  the  separate  enrolment  of  each  class,  be,  and  the  same  are 
hereby  repealed  ;  and  it  shall  be  the  duty  of  the  board  of  enrol 
ment  of  each  district  to  consolidate  the  two  classes  mentioned 
in  the  third  section  of  said  act. 

SEC.  1 2 .  And  be  it  further  enacted.  That  any  person  who  shall 
forcibly  resist  or  oppose  any  enrolment,  or  who  shall  incite, 
counsel,  encourage,  or  who  shall  conspire  or  confederate  with 
any  other  person  or  persons  forcibly  to  resist  or  oppose  any  such 
enrolment,  or  who  shall  aid  or  assist,  or  take  any  part  in  any 
forcible  resistance  or  opposition  thereto,  or  who  shall  assault, 
obstruct,  hinder,  impede,  or  threaten  any  officer  or  other  person 
employed  in  making  or  in  aiding  to  make  such  enrolment,  or 
employed  in  the  performance,  or  in  aiding  in  the  performance 
of  any  service  in  any  way  relating  thereto,  or  in  arresting  or  aid 
ing  to  arrest  any  spy  or  deserter  from  the  military  service  of  the 
United  States,  shall,  upon  conviction  thereof  in  any  court  com 
petent  to  try  the  offence,  be  punished  by  a  fine  not  exceeding  five 
thousand  dollars,  or  by  imprisonment  not  exceeding  five  years, 
or  by  both  of  said  punishments  in  the  discretion  of  the  court. 
And  in  cases  where  such  assaulting,  obstructing,  hindering,  or 
impeding  shall  produce  the  death  of  said  officer  or  other  person, 
the  offender  shall  be  deemed  guilty  of  murder,  and,  upon  con 
viction  thereof  upon  indictment  in  the  circuit  court  of  the  United 
States  for  the  district  within  which  the  offence  was  committed, 
shall  be  punished  with  death.  And  nothing  in  this  section  con 
tained  shall  be  construed  to  relieve  the  party  offending  from 
liability,  under  proper  indictment  or  process,  for  any  crime 
against  the  laws  of  a  state,  committed  by  him  while  violating 

the  provisions  of  this  section. 

******* 


92  SUPPLEMENTARY  ENROLMENT  ACT  [Feb.  24 

SEC.  17.  And  be  it  further  enacted,  That  members  of  religious 
denominations,  who  shall  by  oath  or  affirmation  declare  that  they 
are  conscientiously  opposed  to  the  bearing  of  arms,  and  who  are 
prohibited  from  doing  so  by  the  rules  and  articles  of  faith  and 
practice  of  said  religious  denominations,  shall,  when  drafted  into 
the  military  service,  be  considered  non-combatants,  and  shall  be 
assigned  by  the  Secretary  of  War  to  duty  in  the  hospitals,  or  to 
the  care  of  freedmen,  or  shall  pay  the  sum  of  three  hundred  dol 
lars  to  such  person  as  the  Secretary  of  War  shall  designate  to 
receive  it,  to  be  applied  to  the  benefit  of  the  sick  and  wrounded 
soldiers :  Provided,  That  no  person  shall  be  entitled  to  the  bene 
fit  of  the  provisions  of  this  section  unless  his  declaration  of  con 
scientious  scruples  against  bearing  arms  shall  be  supported  by 
satisfactory  evidence  that  his  deportment  has  been  uniformly 
consistent  with  such  declaration. 

SEC.  1 8.  And  be  it  further  enacted,  That  no  person  of  foreign 
birth  shall,  on  account  of  alienage,  be  exempted  from  enrolment 
or  draft  under  the  provisions  of  this  act,  or  the  act  to  which  it  is 
an  amendment,  who  has  at  any  time  assumed  the  rights  of  a 
citizen  by  voting  at  any  election  held  under  authority  of  the  laws 
of  any  state  or  territory,  or  of  the  United  States,  or  who  has 
held  any  office  under  such  laws  or  any  of  them ;  but  the  fact 
that  any  such  person  of  foreign  birth  has  voted  or  held,  or  shall 
vote  or  hold,  office  as  aforesaid,  shall  be  taken  as  conclusive 
evidence  that  he  is  not  entitled  to  exemption  from  military  ser 
vice  on  account  of  alienage. 

******* 

SEC.  24.  And  be  it  further  enacted,  That  all  able-bodied  male 
colored  persons,  between  the  ages  of  twenty  and  forty-five  years, 
resident  in  the  United  States,  shall  be  enrolled  according  to  the 
provisions  of  this  act,  and  of  the  act  to  which  this  is  an  amend 
ment,  and  form  part  of  the  national  forces ;  and  when  a  slave 
of  a  loyal  master  shall  be  drafted  and  mustered  into  the  service 
of  the  United  States,  his  master  shall  have  a  certificate  thereof, 
and  thereupon  such  slave  shall  be  free ;  and  the  bounty  of  one 
hundred  dollars,  now  payable  by  law  for  each  drafted  man,  shall 


1 864]  NATIONAL  BANK  ACT  93 

be  paid  to  the  person  to  whom  such  drafted  person  was  owing 
service  or  labor  at  the  time  of  his  muster  into  the  service  of  the 
United  States.  The  Secretary  of  War  shall  appoint  a  commis 
sion  in  each  of  the  slave  States  represented  in  Congress,  charged 
to  award  to  each  loyal  person  to  whom  a  colored  volunteer  may 
owe  service  a  just  compensation,  not  exceeding  three  hundred 
dollars,  for  each  such  colored  volunteer,  payable  out  of  the 
fund  derived  from  commutations,  and  every  such  colored  vol 
unteer  on  being  mustered  into  the  service  shall  be  free.  And 
in  all  cases  when  men  of  color  have  been  heretofore  enlisted  or 
have  volunteered  in  the  military  service  of  the  United  States, 
all  the  provisions  of  this  act,  so  far  as  the  payment  of  bounty 
and  compensation  are  provided,  shall  be  equally  applicable  as 
to  those  who  may  be  hereafter  recruited.  But  men  of  color, 
drafted  or  enlisted,  or  who  may  volunteer  into  the  military  ser 
vice,  while  they  shall  be  credited  on  the  quotas  of  the  several 
states,  or  subdivisions  of  states,  wherein  they  are  respectively 
drafted,  enlisted,  or  shall  volunteer,  shall  not  be  assigned  as 
state  troops,  but  shall  be  mustered  into  regiments  or  companies 
as  United  States  colored  troops.1 

******* 

SEC.  27.  And  be  it  further  enacted,  That  so  much  of  the  act 
entitled  "An  act  for  enrolling  and  calling  out  the  national  forces, 
and  for  other  purposes,"  approved  March  third,  eighteen  hun 
dred  and  sixty-three,  as  may  be  inconsistent  with  the  provisions 
of  this  act,  is  hereby  repealed. 

APPROVED,  February  24,  1864. 


No.   37.     National  Bank  Act 

June  3,  1864 

THE  beginning  of  the  present  national  bank  system  is  to  be  found  in  the 
act  "  to  provide  a  national  currency,  secured  by  a  pledge  of  United  States 

1  A  joint  resolution  of  March  30,  1867,  suspended  further  proceedings  under 
this  section. 


94  NATIONAL  BANK  ACT  [June  3 

stocks,  and  to  provide  for  the  circulation  and  redemption  thereof,"  approved 
February  25,  1863.  This  act,  however,  proved  defective,  and  the  comptroller 
of  the  currency,  in  a  report  accompanying  the  annual  report  of  the  Secretary 
of  the  Treasury,  December  10,  1863,  made  numerous  suggestions  for  amend 
ment.  A  bill  with  the  same  title  as  the  existing  act  was  reported  in  the  House, 
March  14,  by  Hooper  of  Massachusetts,  from  the  Committee  of  Ways  and 
Means,  and  after  protracted  discussion  was  laid  on  the  table  by  a  vote  of  90 
1044.  Another  bill  with  similar  title  was  introduced  by  Hooper,  April  n, 
and  passed  the  House  on  the  i8th  by  a  vote  of  80  to  66.  A  bill  to  the  same 
effect  had  been  introduced  in  the  Senate,  April  8,  by  John  Sherman  of  Ohio, 
and  referred  to  the  Committee  on  Finance,  which,  on  the  2ist,  reported  the 
House  bill  with  amendments.  The  amended  bill  passed  the  Senate,  May  n, 
by  a  vote  of  30  to  9.  The  House  disagreed  to  the  Senate  amendments,  and 
the  bill  received  its  final  form  from  a  conference  committee,  whose  report  was 
accepted  by  the  houses  June  I. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XIII,  99-118.  Only  the 
most  important  parts  of  the  act  are  given  below.  The  act  has  been  many 
times  amended  ;  editions  showing  the  various  changes  are  issued  from  time  to 
time  by  the  comptroller  of  the  currency.  For  the  proceedings  see  the  House 
and  Senate  Journals,  38th  Cong.,  ist  Sess.,  and  the  Cong.  Globe,  where  will 
be  found  the  texts  of  all  the  important  amendments  proposed  or  adopted.  A 
comparison  of  Hooper's  first  bill  with  the  act  of  February  25  will  be  found  in 
the  Globe,  March  23.  See  also  Dewey,  Financial  History,  320-328 ;  John 
Sherman,  Recollections,  chap.  13;  McCulloch,  Men  and  Measures,  chap.  15; 
Elaine,  Twenty  Years  of  Congress,  I,  chap.  22. 

An  Act  to  provide  a  National  Currency,  secured  by  a  Pledge 
of  United  States  Bonds,  and  to  provide  for  the  Circulation  and 
Redemption  thereof. 

Be  it  enacted  .  .  .,  That  there  shall  be  established  in  the 
treasury  department  a  separate  bureau,  which  shall  be  charged 
with  the  execution  of  this  and  all  other  laws  that  may  be  passed 
by  congress  respecting  the  issue  and  regulation  of  a  national 
currency  secured  by  United  States  bonds.  The  chief  officer  of 
the  said  bureau  shall  be  denominated  the  comptroller  of  the 
currency,  and  shall  be  under  the  general  direction  of  the  Secre 
tary  of  the  Treasury.  He  shall  be  appointed  by  the  President, 
on  the  recommendation  of  the  Secretary  of  the  Treasury,  by 
and  with  the  advice  and  consent  of  the  Senate,  and  shall  hold 


1864]  NATIONAL  BANK  ACT  95 

his  office  for  the  term  of  five  years  unless  sooner  removed  by 
the  President,  upon  reasons  to  be  communicated  by  him  to  the 
Senate  ;  .  .  .  [salary,  clerks,  bonds,  etc.]  .  .  .  The  comptroller 
and  deputy-comptroller  shall  not,  either  directly  or  indirectly, 
be  interested  in  any  association  issuing  national  currency  under 
the  provisions  of  this  act. 

SEC.  2.  [Seal,  &c.  Certain  papers  under  such  seal  to  be 
evidence.] 

SEC.  3.    [Rooms,  vaults,  &c.] 

SEC.  4.  And  be  it  further  enacted.  That  the  term  "  United 
States  Bonds,"  as  used  in  this  act,  shall  be  construed  to  mean 
all  registered  bonds  now  issued,  or  that  may  hereafter  be  issued, 
on  the  faith  of  the  United  States  by  the  Secretary  of  the  Treas 
ury  in  pursuance  of  law. 

SEC.  5.  And  be  it  further  enacted.  That  associations  for  carry 
ing  on  the  business  of  banking  may  be  formed  by  any  number 
of  persons,  not  less  in  any  case  than  five,  who  shall  enter  into 
articles  of  association,  which  shall  specify  in  general  terms  the 
object  for  which  the  association  is  formed,  and  may  contain  any 
other  provisions,  not  inconsistent  with  the  provisions  of  this  act, 
which  the  association  may  see  fit  to  adopt  for  the  regulation  of 
the  business  of  the  association  and  the  conduct  of  its  affairs, 
which  said  articles  shall  be  signed  by  the  persons  uniting  to 
form  the  association,  and  a  copy  of  them  forwarded  to  the 
comptroller  of  the  currency,  to  be  filed  and  preserved  in  his 
office. 

SEC.  6.  And  be  it  further  enacted,  That  the  persons  uniting  to 
form  such  an  association  shall,  under  their  hands,  make  an 
organization  certificate,  which  shall  specify  — 

First.  The  name  assumed  by  such  association,  which  name 
shall  be  subject  to  the  approval  of  the  comptroller. 

Second.  The  place  where  its  operations  of  discount  and  de 
posit  are  to  be  carried  on,  designating  the  state,  territory,  or 
district,  and  also  the  particular  county  and  city,  town,  or  village. 

Third.  The  amount  of  its  capital  stock,  and  the  number  of 
shares  into  which  the  same  shall  be  divided. 


96  NATIONAL  BANK  ACT  [Junes 

Fourth.  The  names  and  places  of  residence  of  the  share 
holders,  and  the  number  of  shares  held  by  each  of  them. 

Fifth.  A  declaration  that  said  certificate  is  made  to  enable 
such  persons  to  avail  themselves  of  the  advantages  of  this  act. 

[Certificate  to  be  acknowledged.  Copies  under  seal  to  be 
evidence.]  . 

SEC.  7.  And  be  it  further  enacted,  That  no  association  shall 
be  organized  under  this  act,  with  a  less  capital  than  one  hun 
dred  thousand  dollars,  nor  in  a  city  whose  population  exceeds 
fifty  thousand  persons,  with  a  less  capital  than  two  hundred 
thousand  dollars :  Provided,  That  banks'  with  a  capital  of  not 
less  than  fifty  thousand  dollars  may,  with  the  approval  of  the 
Secretary  of  the  Treasury,  be  organized  in  any  place  the  popu 
lation  of  which  does  not  exceed  six  thousand  inhabitants.1 

SEC.  8.  And  be  it  fttrther  enacted,  That  every  association 
formed  pursuant  to  the  provisions  of  this  act  shall,  from  the 
date  of  the  execution  of  its  organization  certificate,  be  a  body 
corporate,  but  shall  transact  no  business  except  such  as  may  be 
incidental  to  its  organization  and  necessarily  preliminary,  until 
authorized  by  the  comptroller  of  the  currency  to  commence  the 
business  of  banking.  Such  association  shall  have  power  to 
adopt  a  corporate  seal,  and  shall  have  succession  by  the  name 
designated  in  its  organization  certificate,  for  the  period  of  twenty 
years  from  its  organization,  unless  sooner  dissolved  according 
to  the  provisions  of  its  articles  of  association,  or  by  the  act  of 
its  shareholders  owning  two  thirds  of  its  stock,  or  unless  the 
franchise  shall  be  forfeited  by  a  violation  of  this  act ;  by  such 
name  it  may  make  contracts,  sue  and  be  sued,  complain  and 
defend,  in  any  court  of  law  and  equity  as  fully  as  natural  per 
sons  ;  it  may  elect  or  appoint  directors,  and  by  its  board  of 
directors  appoint  a  president,  vice-president,  cashier,  and  other 
officers,  define  their  duties,  require  bonds  of  them  and  fix  the 
penalty  thereof,  dismiss  said  officers  or  any  of  them  at  pleasure, 
and  appoint  others  to  fill  their  places,  and  exercise  under  this 
act  all  such  incidental  powers  as  shall  be  necessary  to  carry  on 
1  See  act  of  March  14,  1900,  section  10. 


1864]  NATIONAL  BANK  ACT  97 

the  business  of  banking  by  discounting  and  negotiating  prom 
issory  notes,  drafts,  bills  of  exchange,  and  other  evidences  of 
debt ;  by  receiving  deposits ;  by  buying  and  selling  exchange, 
coin,  and  bullion ;  by  loaning  money  on  personal  security ;  by 
obtaining,  issuing,  and  circulating  notes  according  to  the  pro 
visions  of  this  act ;  and  its  board  of  directors  .shall  also  have 
power  to  define  and  regulate  by  by-laws,  not  inconsistent  with 
the  provisions  of  this  act,  the  manner  in  which  its  stock  shall 
be  transferred,  its  directors  elected  or  appointed,  its  officers 
appointed,  its  property  transferred,  its  general  business  con 
ducted,  and  all  the  privileges  granted  by  this  act  to  associations 
organized  under  it  shall  be  exercised  and  enjoyed ;  and  its 
usual  business  shall  be  transacted  at  an  office  or  banking  house 
located  in  the  place  specified  in  its  organization  certificate. 

SEC.  9.  And  be  it  further  enacted,  That  the  affairs  of  every 
association  shall  be  managed  by  not  less  than  five  directors,  one 
of  whom  shall  be  the  president.  Every  director  shall,  during 
his  whole  term  of  service,  be  a  citizen  of  the  United  States  ;  and 
at  least  three  fourths  of  the  directors  shall  have  resided  in  the 
state,  territory,  or  district  in  which  such  association  is  located 
one  year  next  preceding  their  election  as  directors,  and  be  resi 
dents  of  the  same  during  their  continuance  in  office.  Each 
director  shall  own,  in  his  own  right,  at  least  ten  shares  of  the 
capital  stock  of  the  association  of  which  he  is  a  director.  .  .  . 
[Oath.]  .  .  . 

SEC.  10.  [Term  of  office  of  directors;  elections;  vacancies, 
how  filled.] 

SEC.  1 1 .  And  be  it  further  enacted,  That  in  all  elections  of 
directors,  and  in  deciding  all  questions  at  meetings  of  share 
holders,  each  shareholder  shall  be  entitled  to  one  vote  on  each 
share  of  stock  held  by  him.  Shareholders  may  vote  by  proxies 
duly  authorized  in  writing ;  but  no  officer,  clerk,  teller,  or  book 
keeper  of  such  association  shall  act  as  proxy ;  and  no  share 
holder  whose  liability  is  past  due  and  unpaid  shall  be  allowed 
to  vote. 

SEC.  12.   And  be  it  further  enacted,  That  the  capital  stock  of 


98  NATIONAL  BANK  ACT  [Junes 

any  association  formed  under  this  act  shall  be  divided  into 
shares  of  one  hundred  dollars  each,  and  be  deemed  personal 
property  and  transferable  on  the  books  of  the  association  in 
such  manner  as  may  be  prescribed  in  the  by-laws  or  articles  of 
association  ;  and  every  person  becoming  a  shareholder  by  such 
transfer  shall,  in  proportion  to  his  shares,  succeed  to  all  the 
rights  and  liabilities  of  the  prior  holder  of  such  shares,  and  no 
change  shall  be  made  in  the  articles  of  association  by  which  the 
rights,  remedies,  or  security  of  the  existing  creditors  of  the  asso 
ciation  shall  be  impaired.  The  shareholders  of  each  association 
formed  under  the  provisions  of  this  act,  and  of  each  existing 
bank  or  banking  association  that  may  accept  the  provisions  of 
this  act,  shall  be  held  individually  responsible,  equally  and 
ratably,  and  not  one  for  another,  for  all  contracts,  debts,  and 
engagements  of  such  association  to  the  extent  of  the  amount  of 
their  stock  therein  at  the  par  value  thereof,  in  addition  to  the 
amount  invested  in  such  shares ;  except  that  shareholders  of 
any  banking  association  now  existing  under  state  laws,  having 
not  less  than  five  millions  of  dollars  of  capital  actually  paid  in, 
and  a  surplus  of  twenty  per  centum  on  hand,  both  to  be  deter 
mined  by  the  comptroller  of  the  currency,  shall  be  liable  only  to 
the  amount  invested  in  their  shares  ; *  and  such  surplus  of  twenty 
per  centum  shall  be  kept  undiminished,  and  be  in  addition  to 
the  surplus  provided  for  in  this  act ;  and  if  at  any  time  there 
shall  be  a  deficiency  in  said  surplus  of  twenty  per  centum,  the 
said  banking  association  shall  not  pay  any  dividends  to  its 
shareholders  until  such  deficiency  shall  be  made  good ;  and  in 
case  of  such  deficiency,  the  comptroller  of  the  currency  may 
compel  said  banking  association  to  close  its  business  and  wind 
up  its  affairs  under  the  provisions  of  this  act.  And  the  comp 
troller  shall  have  authority  to  withhold  from  an  association  his 
certificate  authorizing  the  commencement  of  business,  whenever 
he  shall  have  reason  to  suppose  that  the  shareholders  thereof 
have  formed  the  same  for  any  other  than  the  legitimate  objects 
contemplated  by  this  act. 
1  This  exception  was  designed  to  include  the  Bank  of  Commerce  of  New  York. 


1 864]  NATIONAL  BANK  ACT  99 

SEC.  13.  And  be  it  further  enacted,  That  it  shall  be  lawful  for 
any  association  formed  under  this  act,  by  its  articles  of  associa 
tion,  to  provide  for  an  increase  of  its  capital  from  time  to  time, 
as  may  be  deemed  expedient,  subject  to  the  limitations  of  this 
act :  Provided,  That  the  maximum  of  such  increase  in  the  articles 
of  association  shall  be  determined  by  the  comptroller  of  the  cur 
rency  ;  and  no  increase  of  capital  shall  be  valid  until  the  whole 
amount  of  such  increase  shall  be  paid  in,  and  notice  thereof 
shall  have  been  transmitted  to  the  comptroller  of  the  currency, 
and  his  certificate  obtained  specifying  the  amount  of  such  in 
crease  of  capital  stock,  with  his  approval  thereof,  and  that  it 
has  been  duly  paid  in  as  part  of  the  capital  of  such  association. 
And  every  association  shall  have  power,  by  the  vote  of  share 
holders  owning  two  thirds  of  its  capital  stock,  to  reduce  the 
capital  of  such  association  to  any  sum  not  below  the  amount 
required  by  this  act,  in  the  formation  of  associations  :  Provided, 
That  by  no  such  reduction  shall  its  capital  be  brought  below  the 
amount  required  by  this  act  for  its  outstanding  circulation,  nor 
shall  any  such  reduction  be  made  until  the  amount  of  the  pro 
posed  reduction  has  been  reported  to  the  comptroller  of  the  cur 
rency  and  his  approval  thereof  obtained. 

SEC.  14.  And  be  it  further  enacted,  That  at  least  fifty  per 
centum  of  the  capital  stock  of  every  association  shall  be  paid  in 
before  it  shall  be  authorized  to  commence  business ;  and  the 
remainder  of  the  capital  stock  of  such  association  shall  be  paid 
in  instalments  of  at  least  ten  per  centum  each  on  the  whole 
amount  of  the  capital  as  frequently  as  one  instalment  at  the  end 
of  each  succeeding  month  from  the  time  it  shall  be  authorized 
by  the  comptroller  to  commence  business ;  and  the  payment  of 
each  instalment  shall  be  certified  to  the  comptroller,  under  oath, 
by  the  president  or  cashier  of  the  association. 

SEC.  15.    [Proceedings  if  shareholder  fails  to  pay  instalments.] 

SEC.  1 6.  And  be  it  further  enacted,  That  every  association, 
after  having  complied  with  the  provisions  of  this  act,  prelimi 
nary  to  the  commencement  of  banking  business  under  its  pro 
visions,  and  before  it  shall  be  authorized  to  commence  business, 


100  NATIONAL  BANK  ACT  [Junes 

shall  transfer  and  deliver  to  the  treasurer  of  the  United  States 
any  United  States  registered  bonds  bearing  interest  to  an 
amount  not  less  than  thirty  thousand  dollars  nor  less  than  one 
third  of  the  capital  stock  paid  in,  which  bonds  shall  be  deposited 
with  the  treasurer  of  the  United  States  and  by  him  safely  kept 
in  his  office  until  the  same  shall  be  otherwise  disposed  of,  in 
pursuance  of  the  provisions  of  this  act;  and  the  Secretary  of 
the  Treasury  is  hereby  authorized  to  receive  and  cancel  any 
United  States  coupon  bonds,  and  to  issue  in  lieu  thereof  regis 
tered  bonds  of  like  amount,  bearing  a  like  rate  of  interest,  and 
having  the  same  time  to  run ;  and  the  deposit  of  bonds  shall  be, 
by  every  association,  increased  as  its  capital  may  be  paid  up  or 
increased,  so  that  every  association  shall  at  all  times  have  on 
deposit  with  the  treasurer  registered  United  States  bonds  to  the 
amount  of  at  least  one  third  of  its  capital  stock  actually  paid  in  : 
Provided,  That  nothing  in  this  section  shall  prevent  an  associa 
tion  that  may  desire  to  reduce  its  capital  or  to  close  up  its  busi 
ness  and  dissolve  its  organization  from  taking  up  its  bonds  upon 
returning  to  the  comptroller  its  circulating  notes  in  the  propor 
tion  hereinafter  named  in  this  act,  nor  from  taking  up  any  excess 
of  bonds  beyond  one  third  of  its  capital  stock  and  upon  which 
no  circulating  notes  have  been  delivered. 

SEC.  17.  And  be  it  further  enacted,  That  whenever  a  certificate 
shall  have  been  transmitted  to  the  comptroller  of  the  currency, 
as  provided  in  this  act,  and  the  association  transmitting  the 
same  shall  notify  the  comptroller  that  at  least  fifty  per  centum 
of  its  capital  stock  has  been  paid  in  as  aforesaid,  and  that  such 
association  has  complied  with  all  the  provisions  of  this  act  as 
required  to  be  complied  with  before  such  association  shall  be 
authorized  to  commence  the  business  of  banking,  the  comptroller 
shall  examine  into  the  condition  of  such  association,  ascertain 
especially  the  amount  of  money  paid  in  on  account  of  its  capital, 
the  name  and  place*  of  residence  of  each  of  the  directors  of  such 
association,  and  the  amount  of  the  capital  stock  of  which  each 
is  the  bona  fide  owner,  and  generally  whether  such  association 
has  complied  with  all  the  requirements  of  this  act  to  entitle  it  to 


1864]  NATIONAL  BANK  ACT  IOI 

engage  in  the  business  of  banking ;  and  shall  cause  to  be  made 
and  attested  by  the  oaths  of  a  majority  of  the  directors  and  by 
the  president  or  cashier  of  such  association,  a  statement  of  all 
the  facts  necessary  to  enable  the  comptroller  to  determine 
whether  such  association  is  lawfully  entitled  to  commence  the 
business  of  banking  under  this  act. 

SEC.  1 8.  [When  association  is  found  entitled  to  commence 
business,  comptroller  to  give  certificate.] 

SEC.  19.  [Transfers  of  bonds  by  association  to  be  made  to 
the  treasurer  in  trust ;  comptroller  to  keep  transfer  book,  &c.] 

SEC.  20.  [Transfers  to  be  countersigned  and  entered  by 
comptroller.] 

SEC.  21.  And  be  it  further  enacted,  That  upon  the  transfer 
and  delivery  of  bonds  to  the  treasurer,  as  provided  in  the  fore 
going  section,  the  association  making  the  same  shall  be  entitled 
to  receive  from  the  comptroller  of  the  currency  circulating  notes 
of  different  denominations,  in  blank,  registered  and  counter 
signed  as  hereinafter  provided,  equal  in  amount  to  ninety  per 
centum  of  the  current  market  value  of  the  United  States  bonds 
so  transferred  and  delivered,  but  not  exceeding  ninety  per  cen 
tum  of  the  amount  of  said  bonds  at  the  par  value  thereof,  if 
bearing  interest  at  a  rate  not  less  than  five  per  centum  per 
annum ; l  and  at  no  time  shall  the  total  amount  of  such  notes, 

1  An  act  of  March  3,  1865,  amended  section  21  by  adding  at  this  point,  in  lieu  of 
the  concluding  clause,  the  following  :  "  and  the  amount  of  said  circulating  notes  to 
be  furnished  to  each  association  shall  be  in  proportion  to  its  paid-up  capital  as  fol 
lows,  and  no  more  :  To  each  association  whose  capital  shall  not  exceed  five  hun 
dred  thousand  dollars,  ninety  per  centum  of  such  capital ;  to  each  association 
whose  capital  exceeds  five  hundred  thousand  dollars,  but  does  not  exceed  one  mill 
ion  dollars,  eighty  per  centum  of  such  capital ;  to  each  association  whose  capital 
exceeds  one  million  dollars,  but  does  not  exceed  three  millions  of  dollars,  seventy- 
five  per  centum  of  such  capital  ;  to  each  association  whose  capital  exceeds  three 
millions  of  dollars,  sixty  per  cent,  of  such  capital.  And  that  one  hundred  and  fifty 
millions  of  dollars  of  the  entire  amount  of  circulating  notes  authorized  to  be  issued 
shall  be  apportioned  to  associations  in  the  states,  in  the  District  of  Columbia,  and 
in  the  territories,  according  to  representative  population,  and  the  remainder  shall 
be  apportioned  by  the  Secretary  of  the  Treasury  among  associations  formed  in  the 
several  states,  in  the  District  of  Columbia,  and  in  the  territories,  having  due  regard 
to  the  existing  banking  capital,  resources,  and  business  of  such  states,  district,  and 
territories." 


IO2  NATIONAL  BANK  ACT  [June  3 

issued  to  any  such  association,  exceed  the  amount  at  such  time 
actually  paid  in  of  its  capital  stock. 

SEC.  22.  And  be  it  further  enacted,  That  the  entire  amount  of 
notes  for  circulation  to  be  issued  under  this  act  shall  not  exceed 
three  hundred  millions  of  dollars.  In  order  to  furnish  suitable 
notes  for  circulation,  the  comptroller  of  the  currency  is  hereby 
authorized  and  required,  under  the  direction  of  the  Secretary  of 
the  Treasury,  to  cause  plates  and  dies  to  be  engraved,  in  the 
best  manner  to  guard  against  counterfeiting  and  fraudulent 
alterations,  and  to  have  printed  therefrom,  and  numbered,  such 
quantity  of  circulating  notes,  in  blank,  of  the  denominations  of 
one  dollar,  two  dollars,  three  dollars,  five  dollars,  ten  dollars, 
twenty  dollars,  fifty  dollars,  one  hundred  dollars,  five  hundred 
dollars,  and  one  thousand  dollars,  as  may  be  required  to  supply, 
under  this  act,  the  associations  entitled  to  receive  the  same ; 
which  notes  shall  express  upon  their  face  that  they  are  secured 
by  United  States  bonds,  deposited  with  the  treasurer  of  the 
United  States  by  the  written  or  engraved  signatures  of  the 
treasurer  and  register,  and  by  the  imprint  of  the  seal  of 
the  treasury ;  and  shall  also  express  upon  their  face  the  prom 
ise  of  the  association  receiving  the  same  to  pay  on  demand, 
attested  by  the  signatures  of  the  president  or  vice-president  and 
cashier.  And  the  said  notes  shall  bear  such  devices  and  such 
other  statements,  and  shall  be  in  such  form,  as  the  Secretary 
of  the  Treasury  shall,  by  regulation,  direct :  Provided,  That  not 
more  than  one  sixth  part  of  the  notes  furnished  to  an  association 
shall  be  of  a  less  denomination  than  five  dollars,  and  that  after 
specie  payments  shall  be  resumed  no  association  shall  be  fur 
nished  with  notes  of  a  less  denomination  than  five  dollars. 

SEC.  23.  And  be  it  further  enacted,  That  after  any  such  asso 
ciation  shall  have  caused  its  promise  to  pay  such  notes  on 
demand  to  be  signed  by  the  president  or  vice-president  and 
cashier  thereof,  in  such  manner  as  to  make  them  obligatory 
promissory  notes,  payable  on  demand,  at  its  place  of  business, 
such  association  is  hereby  authorized  to  issue  and  circulate  the 
same  as  money;  and  the  same  shall  be  received  at  par  in  all 


1864]  NATIONAL  BANK  ACT  103 

parts  of  the  United  States  in  payment  of  taxes,  excises,  public 
lands,  and  all  other  dues  to  the  United  States,  except  for  duties 
on  imports  ;  and  also  for  all  salaries  and  other  debts  and  de 
mands  owing  by  the  United  States  to  individuals,  corporations, 
and  associations  within  the  United  States,  except  interest  on  the 
public  debt,  and  in  redemption  of  the  national  currency.  And 
no  such  association  shall  issue  post  notes  or  any  other  notes  to 
circulate  as  money  than  such  as  are  authorized  by  the  foregoing 
provisions  of  this  act.1 

SEC.  24.   [Worn-out  and  mutilated  notes  to  be  redeemed.] 
SEC.  25.   [Associations  to  examine  annually  their  bonds  depos 
ited,  and  make  certificate.] 

SEC.  26.  And  be  it  further  enacted \  That  the  bonds  transferred 
to  and  deposited  with  the  treasurer  of  the  United  States,  as 
hereinbefore  provided,  by  any  banking  association  for  the  secu 
rity  of  its  circulating  notes,  shall  be  held  exclusively  for  that  pur 
pose,  until  such  notes  shall  be  redeemed,  except  as  provided  in 
this  act ;  but  the  comptroller  of  the  currency  shall  give  to  any 
such  banking  association  powers  of  attorney  to  receive  and 
appropriate  to  its  own  use  the  interest  on  the  bonds  which  it 
shall  have  so  transferred  to  the  treasurer ;  but  such  powers  shall 
become  inoperative  whenever  such  banking  association  shall 
fail  to  redeem  its  circulating  notes  as  aforesaid.  Whenever  the 
market  or  cash  value  of  any  bonds  deposited  with  the  treasurer 
of  the  United  States,  as  aforesaid,  shall  be  reduced  below  the 
amount  of  the  circulation  issued  for  the  same,  the  comptroller 
of  the  currency  is  hereby  authorized  to  demand  and  receive  the 
amount  of  such  depreciation  in  other  United  States  bonds  at 
cash  value,  or  in  money,  from  the  association  receiving  said  bills, 
to  be  deposited  with  the  treasurer  of  the  United  States  as  long 
as  such  depreciation  continues.  And  said  comptroller,  upon 
the  terms  prescribed  by  the  Secretary  of  the  Treasury,  may 
permit  an  exchange  to  be  made  of  any  of  the  bonds  deposited 
with  the  treasurer  by  an  association  for  other  bonds  of  the 

1  As  to  State  taxation  of  national  bank  currency  and  United  States  notes,  see 
act  of  August  13,  1894. 


104  NATIONAL  BANK  ACT  [June  3 

United  States  authorized  by  this  act  to  be  received  as  security 
for  circulating  notes,  if  he  shall  be  of  opinion  that  such  an  ex 
change  can  be  made  without  prejudice  to  the  United  States,  and 
he  may  direct  the  return  of  any  of  said  bonds  to  the  banking 
association  which  transferred  the  same,  in  sums  of  not  less  than 
one  thousand  dollars,  upon  the  surrender  to  him  and  the  can 
cellation  of  a  proportionate  amount  of  such  circulating  notes : 
Provided,  That  the  remaining  bonds  which  shall  have  been 
transferred  by  the  banking  association  offering  to  surrender 
circulating  notes  shall  be  equal  to  the  amount  required  for  the 
circulating  notes  not  surrendered  by  such  banking  association, 
and  that  the  amount  of  bonds  in  the  hands  of  the  treasurer  shall 
not  be  diminished  below  the  amount  required  to  be  kept  on 
deposit  with  him  by  this  act:  And  provided,  That  there  shall 
have  been  no  failure  by  such  association  to  redeem  its  circu 
lating  notes,  and  no  other  violation  by  such  association  of  the 
provisions  of  this  act,  and  that  the  market  or  cash  value  of  the 
remaining  bonds  shall  not  be  below  the  amount  required  for 
the  circulation  issued  for  the  same. 

SEC.  27.  [The  countersigning  and  delivery  of  circulating 
notes,  except  as  permitted  by  this  act,  unlawful.] 

SEC.  28.  And  be  it  further  enacted,  That  it  shall  be  lawful  for 
any  such  association  to  purchase,  hold,  and  convey  real  estate 
as  follows :  — 

First.  Such  as  shall  be  necessary  for  its  immediate  accommo 
dation  in  the  transaction  of  its  business. 

Second.  Such  as  shall  be  mortgaged  to  it  in  good  faith  by 
way  of  security  for  debts  previously  contracted. 

Third.  Such  as  shall  be  conveyed  to  it  in  satisfaction  of 
debts  previously  contracted  in  the  course  of  its  dealings. 

Fourth.  Such  as  it  shall  purchase  at  sales  under  judgments, 
decrees,  or  mortgages  held  by  such  association,  or  shall  pur 
chase  to  secure  debts  due  to  said  association. 

Such  association  shall  not  purchase  or  hold  real  estate  in 
any  other  case  or  for  any  other  purpose  than  as  specified  in  this 
section.  Nor  shall  it  hold  the  possession  of  any  real  estate 


1 864]  NATIONAL  BANK  ACT  10$ 

under  mortgage,  or  hold  the  title  and  possession  of  any  real 
estate  purchased  to  secure  any  debts  due  to  it  for  a  longer 
period  than  five  years. 

SEC.  29.  And  be  it  further  enacted,  That  the  total  liabilities  to 
any  association,  of  any  person,  or  of  any  company,  corporation, 
or  firm  for  money  borrowed,  including  in  the  liabilities  of  a  com 
pany  or  firm  the  liabilities  of  the  several  members  thereof,  shall 
at  no  time  exceed  one  tenth  part  of  the  amount  of  the  capital 
stock  of  such  association  actually  paid  in :  Provided,  That  the 
discount  of  bona  fide  bills  of  exchange  drawn  against  actually 
existing  values,  and  the  discount  of  commercial  or  'business 
paper  actually  owned  by  the  person  or  persons,  corporation,  or 
firm  negotiating  the  same  shall  not  be  considered  as  money 
borrowed. 

SEC.  30.  And  be  it  further  enacted,  That  every  association 
may  take,  receive,  reserve,  and  charge  on  any  loan  or  discount 
made,  or  upon  any  note,  bill  of  exchange,  or  other  evidences  of 
debt,  interest  at  the  rate  allowed  by  the  laws  of  the  state  or  ter 
ritory  where  the  bank  is  located,  and  no  more,  except  that  where 
by  the  laws  of  any  state  a  different  rate  is  limited  for  banks  of 
issue  organized  under  state  laws,  the  rate  so  limited  shall  be 
allowed  for  associations  organized  in  any  such  state  under  this 
act.  And  when  no  rate  is  fixed  by  the  laws  of  the  state  or  ter 
ritory,  the  bank  may  take,  receive,  reserve,  or  charge  a  rate  not 
exceeding  seven  per  centum,  and  such  interest  may  be  taken  in 
advance,  reckoning  the  days  for  which  the  note,  bill,  or  other 
evidence  of  debt  has  to  run.  .  .  .  [Penalty  for  taking  greater 
interest.]  .  .  . 

SEC.  31.  And  be  it  further  enacted,  That  every  association  in 
the  cities  hereinafter  named  shall,  at  all  times,  have  on  hand,  in 
lawful  money  of  the  United  States,  an  amount  equal  to  at  least 
twenty-five  per  centum  of  the  aggregate  amount  of  its  notes  in 
circulation  and  its  deposits ;  and  every  other  association  shall, 
at  all  times,  have  on  hand,  in  lawful  money  of  the  United  States, 
an  amount  equal  to  at  least  fifteen  per  centum  of  the  aggregate 
amount  of  its  notes  in  circulation,  and  of  its  deposits.  And 


106  NATIONAL   BANK  ACT  [June  3 

whenever  the  lawful  money  of  any  association  in  any  of  the 
cities  hereinafter  named  shall  be  below  the  amount  of  twenty- 
five  per  centum  of  its  circulation  and  deposits,  and  whenever 
the  lawful  money  of  any  other  association  shall  be  below  fifteen 
per  centum  of  its  circulation  and  deposits,  such  association 
shall  not  increase  its  liabilities  by  making  any  new  loans  or  dis 
counts  otherwise  than  by  discounting  or  purchasing  bills  of  ex 
change  payable  at  sight,  nor  make  any  dividend  of  its  profits 
until  the  required  proportion  between  the  aggregate  amount  of 
its  outstanding  notes  of  circulation  and  deposits  and  its  lawful 
money  of  the  United  States  shall  be  restored :  Provided,  That 
three  fifths  of  said  fifteen  per  centum  may  consist  of  balances 
due  to  an  association  available  for  the  redemption  of  its  circu 
lating  notes  from  associations  approved  by  the  comptroller  of 
the  currency,  organized  under  this  act,  in  the  cities  of  Saint 
Louis,  Louisville,  Chicago,  Detroit,  Milwaukee,  New  Orleans, 
Cincinnati,  Cleveland,  Pittsburg,  Baltimore,  Philadelphia,  Bos 
ton,  New  York,  Albany,  Leavenworth,  San  Francisco,  and  Wash 
ington  City : *  Provided,  also,  That  clearing-house  certificates, 
representing  specie  or  lawful  money  specially  deposited  for  the 
purpose  of  any  clearing-house  association,  shall  be  deemed  to 
be  lawful  money  in  the  possession  of  any  association  belonging 
to  such  clearing-house  holding  and  owning  such  certificate,  and 
shall  be  considered  to  be  a  part  of  the  lawful  money  which  such 
association  is  required  to  have  under  the  foregoing  provisions  of 
this  section :  Provided,  That  the  cities  of  Charleston  and  Rich 
mond  may  be  added  to  the  list  of  cities  in  the  national  associa 
tions  of  which  other  associations  may  keep  three  fifths  of  their 
lawful  money,  whenever,  in  the  opinion  of  the  comptroller  of  the 
currency,  the  condition  of  the  southern  states  will  warrant  it. 
And  it  shall  be  competent  for  the  comptroller  of  the  currency  to 
notify  any  association,  whose  lawful  money  reserve  as  aforesaid 
shall  be  below  the  amount  to  be  kept  on  hand  as  aforesaid,  to 
make  good  such  reserve ;  and  if  such  association  shall  fail  for 
thirty  days  thereafter  so  to  make  good  its  reserve  of  lawful 

1  See  act  of  March  3,  1887,  chap.  378. 


1864]  NATIONAL  BANK  ACT  1 07 

money  of  the  United  States,  the  comptroller  may,  with  the 
concurrence  of  the  Secretary  of  the  Treasury,  appoint  a  receiver 
to  wind  up  the  business  of  such  association,  as  provided  in 
this  act. 

SEC.  32.  And  be  it  further  enacted \  That  each  association 
organized  in  any  of  the  cities  named  in  the  foregoing  section 
shall  select,  subject  to  the  approval  of  the  comptroller  of  the 
currency,  an  association  in  the  city  of  New  York,  at  which  it 
will  redeem  its  circulating  notes  at  par.  And  each  of  such 
associations  may  keep  one  half  of  its  lawful  money  reserve  in 
cash  deposits  in  the  city  of  New  York.  And  each  association 
not  organized  within  the  cities  named  in  the  preceding  section 
shall  select,  subject  to  the  approval  of  the  comptroller  of  the 
currency,  an  association  in  either  of  the  cities  named  in  the  pre 
ceding  section  at  which  it  will  redeem  its  circulating  notes  at 
par,  and  the  comptroller  shall  give  public  notice  of  the  names  of 
the  associations  so  selected  at  which  redemptions  are  to  be  made 
by  the  respective  associations,  and  of  any  change  that  may  be 
made  of  the  association  at  which  the  notes  of  any  association 
are  redeemed.  If  any  association  shall  fail  either  to  make  the 
selection  or  to  redeem  its  notes  as  aforesaid,  the  comptroller  of 
the  currency  may,  upon  receiving  satisfactory  evidence  thereof, 
appoint  a  receiver,  in  the  manner  provided  for  in  this  act,  to 
wind  up  its  affairs  :  Provided,  That  nothing  in  this  section  shall 
relieve  any  association  from  its  liability  to  redeem  its  circulating 
notes  at  its  own  counter,  at  par,  in  lawful  money,  on  demand : 
And  provided,  further,  That  every  association  formed  or  existing 
under  the  provisions  of  this  act  shall  take  and  receive  at  par, 
for  any  debt  or  liability  to  said  association,  any  and  all  notes  or 
bills  issued  by  any  association  existing  under  and  by  virtue  of 
this  act. 

SEC.  33.  And  be  it  further  enacted,  That  the  directors  of  any 
association  may,  semi-annually,  each  year,  declare  a  dividend  of 
so  much  of  the  net/  profits  of  the  association  as  they  shall  judge 
expedient ;  but  each  association  shall,  before  the  declaration  of 
a  dividend,  carry  one  tenth  part  of  its  net/  profits  of  the  preccd- 


IO8  NATIONAL  BANK  ACT  [June  3 

ing  half  year  to  its  surplus  fund  until  the  same  shall  amount  to 
twenty  per  centum  of  its  capital  stock. 

SEC.  34.  [Associations  to  report  to  comptroller  monthly  and 
quarterly.] 

SEC.  35.  And  be  it  further  enacted.  That  no  association  shall 
make  any  loan  or  discount  on  the  security  of  the  shares  of  its 
own  capital  stock,  nor  be  the  purchaser  or  holder  of  any  such 
shares,  unless  such  security  or  purchase  shall  be  necessary  to 
prevent  loss  upon  a  debt  previously  contracted  in  good  faith  ; 
and  stock  so  purchased  or  acquired  shall,  within  six  months  from 
the  time  of  its  purchase,  be  sold  or  disposed  of  at  public  or  pri 
vate  sale,  in  default  of  which  a  receiver  may  be  appointed  to  close 
up  the  business  of  the  association,  according  to  the  provisions 
of  this  act. 

SEC.  36.  And  be  it  further  enacted,  That  no  association  shall 
at  any  time  be  indebted,  or  in  any  way  liable,  to  an  amount 
exceeding  the  amount  of  its  capital  stock  at  such  time  actually 
paid  in  and  remaining  undiminished  by  losses  or  otherwise, 
except  on  the  following  accounts,  that  is  to  say :  — 

First.    On  account  of  its  notes  of  circulation. 

Second.  On  account  of  moneys  deposited  with,  or  collected 
by,  such  association. 

Third.  On  account  of  bills  of  exchange  or  drafts  drawn 
against  money  actually  on  deposit  to  the  credit  of  such  associa 
tion,  or  due  thereto. 

Fourth.  On  account  of  liabilities  to  its  stockholders  for 
dividends  and  reserved  profits. 

SEC.  37.  And  be  it  further  enacted,  That  no  association  shall, 
either  directly  or  indirectly,  pledge  or  hypothecate  any  of  its 
notes  of  circulation,  for  the  purpose  of  procuring  money  to  be 
paid  in  on  its  capital  stock,  or  to  be  used  in  its  banking  opera 
tions,  or  otherwise ;  nor  shall  any  association  use  its  circulating 
notes,  or  any  part  thereof,  in  any  manner  or  form,  to  create  or 
increase  its  capital  stock. 

SEC.  38.  And  be  it  further  enacted,  That  no  association,  or  any 
member  thereof,  shall,  during  the  time  it  shall  continue  its  bank- 


1 864]  NATIONAL  BANK  ACT  1 09 

ing  operations,  withdraw,  or  permit  to  be  withdrawn,  either  in 
form  of  dividends  or  otherwise,  any  portion  of  its  capital.  And 
if  losses  shall  at  any  time  have  been  sustained  by  any  such  asso 
ciation  equal  to  or  exceeding  its  undivided  profits  then  on  hand, 
no  dividend  shall  be  made  ;  and  no  dividend  shall  ever  be  made 
by  any  association,  while  it  shall  continue  its  banking  operations, 
to  an  amount  greater  than  its  net  profits  then  on  hand,  deduct 
ing  therefrom  its  losses  and  bad  debts.  And  all  debts  due  to 
any  association,  on  which  interest  is  past  due  and  unpaid  for  a 
period  of  six  months,  unless  the  same  shall  be  well  secured,  and 
shall  be  in  process  of  collection,  shall  be  considered  bad  debts 
within  the  meaning  of  this  act :  Provided,  That  nothing  in  this 
section  shall  prevent  the  reduction  of  the  capital  stock  of  the 
association  under  the  thirteenth  section  of  this  act. 

SEC.  39,  And  be  it  further  enacted,  That  no  association  shall  at 
any  time  pay  out  on  loans  or  discounts,  or  in  purchasing  drafts 
or  bills  of  exchange,  or  in  payment  of  deposits,  or  in  any  other 
mode  pay  or  put  in  circulation  the  notes  of  any  bank  or  banking 
association  which  shall  not,  at  any  such  time,  be  receivable,  at 
par,  on  deposit  and  in  payment  of  debts  by  the  association  so 
paying  out  or  circulating  such  notes  ;  nor  shall  it  knowingly  pay 
out  or  put  in  circulation  any  notes  issued  by  any  bank  or  bank 
ing  association  which  at  the  time  of  such  paying  out  or  putting 
in  circulation  is  not  redeeming  its  circulating  notes  in  lawful 
money  of  the  United  States. 

SEC.  40.  [List  of  names  and  residences  of  shareholders  to  be 
kept.] 

SEC.  41.  And  be  it  further  enacted,  That  the  plates  and  special 
dies  to  be  procured  by  the  comptroller  of  the  currency  for  the 
printing  of  such  circulating  notes  shall  remain  under  his  control 
and  direction,  and  the  expenses  necessarily  incurred  in  execut 
ing  the  provisions  of  this  act  respecting  the  procuring  of  such 
notes,  and  all  other  expenses  of  the  bureau,  shall  be  paid  out  of 
the  proceeds  of  the  taxes  or  duties  now  or  hereafter  to  be  assessed 
on  the  circulation,  and  collected  from  associations  organized 
under  this  act.  And  in  lieu  of  all  existing  taxes,  every  asso- 


1 10  NATIONAL  BANK  ACT  [Junes 

elation  shall  pay  to  the  treasurer  of  the  United  States,  in  the 
months  of  January  and  July,  a  duty  of  one  half  of  one  per 
centum  each  half  year  from  and  after  the  first  day  of  January, 
eighteen  hundred  and  sixty-four,  upon  the  average  amount  of 
its  notes  in  circulation,  and  a  duty  of  one  quarter  of  one  per 
centum  each  half  year  upon  the  average  amount  of  its  deposits, 
and  a  duty  of  one  quarter  of  one  per  centum  each  half  year,  as 
aforesaid,  on  the  average  amount  of  its  capital  stock  beyond 
the  amount  invested  in  United  States  bonds ;  and  in  case  of 
default  in  the  payment  thereof  by  any  association,  the  duties 
aforesaid  may  be  collected  in  the  manner  provided  for  the  col 
lection  of  United  States  duties  of  other  corporations,  or  the 
treasurer  may  reserve  the  amount  of  said  duties  out  of  the 
interest,  as  it  may  become  due,  on  the  bonds  deposited  with 
him  by  such  defaulting  association.  .  .  .  [Return  of  circula 
tion,  &c.,  to  be  made.]  .  .  .  Provided,  That  nothing  in  this 
act  shall  be  construed  to  prevent  all  the  shares  in  any  of  the 
said  associations,  held  by  any  person  or  body  corporate,  from 
being  included  in  the  valuation  of  the  personal  property  of  such 
person  or  corporation  in  the  assessment  of  taxes  imposed  by  or 
under  state  authority  at  the  place  where  such  bank  is  located, 
and  not  elsewhere,1  but  not  at  a  greater  rate  than  is  assessed 
upon  other  moneyed  capital  in  the  hands  of  individual  citizens 
of  such  state  :  Provided,  further,  That  the  tax  so  imposed  under 
the  laws  of  any  state  upon  the  shares  of  any  of  the  associations 
authorized  by  this  act  shall  not  exceed  the  rate  imposed  upon 
the  shares  in  any  of  the  banks  organized  under  authority  of  the 
state  where  such  association  is  located :  Provided,  also,  That 
nothing  in  this  act  shall  exempt  the  real  estate  of  associations 
from  either  state,  county,  or  municipal  taxes  to  the  same  extent, 
according  to  its  value,  as  other  real  estate  is  taxed. 

[SECTIONS  42  and  43.     How  associations  may  be  closed.] 
SEC.  44.   And  be  it  further  enacted,  That  any  bank  incorporated 
by  special  law,  or  any  banking  institution  organized  under  a  gen 
eral  law  of  any  state,  may,  by  authority  of  this  act,  become  a 

1  See  act  of  February  10,  1668. 


i864]  NATIONAL  BANK  ACT  III 

national  association  under  its  provisions,  by  the  name  prescribed 
in  its  organization  certificate ;  and  in  such  case  the  articles  of 
association  and  the  organization  certificate  required  by  this  act 
may  be  executed  by  a  majority  of  the  directors  of  the  bank  or 
banking  institution ;  and  said  certificate  shall  declare  that  the 
owners  of  two  thirds  of  the  capital  stock  have  authorized  the 
directors  to  make  such  certificate  and  to  change  and  convert 
the  said  bank  or  banking  institution  into  a  national  association 
under  this  act.  And  a  majority  of  the  directors,  after  executing 
said  articles  of  association  and  organization  certificate,  shall  have 
power  to  execute  all  other  papers,  and  to  do  whatever  may  be 
required  to  make  its  organization  perfect  and  complete  as  a 
national  association.  The  shares  of  any  such  bank  may  con 
tinue  to  be  for  the  same  amount  each  as  they  were  before  said 
conversion,  and  the  directors  aforesaid  may  be  the  directors  of 
the  association  until  others  are  elected  or  appointed  in  accord 
ance  with  the  provisions  of  this  act ;  and  any  state  bank  which 
is  a  stockholder  in  any  other  bank,  by  authority  of  state  laws, 
may  continue  to  hold  its  stock,  although  either  bank,  or  both, 
may  be  organized  under  and  have  accepted  the  provisions  of 
this  act.  When  the  comptroller  shall  give  to  such  association  a 
certificate,  under  his  hand  and  official  seal,  that  the  provisions 
of  this  act  have  been  complied  with,  and  that  it  is  authorized  to 
commence  the  business  of  banking  under  it,  the  association 
shall  have  the  same  powers  and  privileges,  and  shall  be  subject 
to  the  same  duties,  responsibilities,  and  rules,  in  all  respects  as 
are  prescribed  in  this  act  for  other  associations  organized  under 
it,  and  shall  be  held  and  regarded  as  an  association  under  this 
act :  Provided,  however,  That  no  such  association  shall  have  a 
less  capital  than  the  amount  prescribed  for  banking  associations 
under  this  act.1 

SEC.  45.   And  be  it  further  enacted,  That  all  associations  under 

this  act,  when  designated  for  that  purpose  by  the  Secretary  of 

the   Treasury,  shall   be   depositaries  of  public  money,  except 

receipts  from  customs,  under  such  regulations  as  may  be  pre- 

1  See  act  of  February  14,  1880, 


112  NATIONAL  BANK  ACT  [June  3 

scribed  by  the  Secretary ;  and  they  may  also  be  employed  as 
financial  agents  of  the  government ;  and  they  shall  perform  all 
such  reasonable  duties,  as  depositaries  of  public  moneys  and 
financial  agents  of  the  government,  as  may  be  required  of  them. 
And  the  Secretary  of  the  Treasury  shall  require  of  the  asso 
ciations  thus  designated  satisfactory  security,  by  the  deposit  of 
United  States  bonds  and  otherwise,  for  the  safe-keeping  and 
prompt  payment  of  the  public  money  deposited  with  them,  and 
for  the  faithful  performance  of  their  duties  as  financial  agents 
of  the  government:  Provided,  That  every  association  which 
shall  be  selected  and  designated  as  receiver  or  depositary  of  the 
public  money  shall  take  and  receive  at  par  all  of  the  national 
currency  bills,  by  whatever  association  issued,  which  have  been 
paid  in  to  the  government  for  internal  revenue,  or  for  loans  or 
stocks. 

SEC.  46.  [If  associations  fail  to  redeem  their  circulation,  the 
notes  may  be  protested,  &c.] 

[SECTIONS  47-51.  Procedure  in  case  of  associations  failing 
to  redeem  notes,  &c.] 

SEC.  52.  [Transfers,  assignments,  &c.,  in  contemplation  of 
insolvency,  &c.,  to  be  void.] 

SEC.  53.    [Penalty  upon  directors  for  violations  of  this  act.] 

SEC.  54.  [Comptroller  may  appoint  person  to  examine  the 
affairs  of  any  association.] 

[SECTIONS  55-57.  Penalty  and  procedure  in  case  of  embezzle 
ment,  &c.] 

[SECTIONS  58-60.  Penalties  for  mutilating  notes  to  make  them 
unfit  for  reissue,  for  counterfeiting  notes,  for  engraving  plates,  for 
forging  notes,  &c.] 

SEC.  61.    [Comptroller  to  report  annually  to  congress.] 

SEC.  62.    [Repeal  of  act  of  February  25,  1863.] 

SEC.  63.  And  be  it  further  enacted,  That  persons  holding 
stock  as  executors,  administrators,  guardians,  and  trustees,  shall 
not  be  personally  subject  to  any  liabilities  as  stockholders  ;  but 
the  estates  and  funds  in  their  hands  shall  be  liable  in  like  man 
ner  and  to  the  same  extent  as  the  testator,  intestate,  ward,  or 


1864]  REPEAL  OF  THE  FUGITIVE  SLAVE  LAW 

person  interested  in  said  trust-funds  would  be  if  they  were  re 
spectively  living  and  competent  to  act  and  hold  the  stock  in 
their  own  names. 

SEC.  64.  And  be  it  further  enacted,  That  congress  may  at  any 
time  amend,  alter,  or  repeal  this  act. 

APPROVED,  June  3,  1864. 


No.    38.      Repeal   of  the   Fugitive  Slave   Law 

June  28,  1864 

THE  agitation  for  a  repeal  of  the  fugitive  slave  law  of  1850  may  be  said  to 
have  begun  with  the  passage  of  the  act.  Bills  and  resolutions  relating  to  the 
subject  were  frequently  introduced  in  Congress,  but  for  the  most  part  failed 
of  consideration.  A  repeal  bill  was  considered  by  the  Senate  April  19,  1864, 
but  not  further  acted  upon.  June  13,  however,  a  bill  in  the  terms  of  the  act 
following,  originally  introduced  by  Spalding  of  Ohio,  passed  the  House  by  a 
vote  of  86  to  60.  A  proposal  in  the  Senate  to  repeal  only  the  act  of  1850  was 
rejected,  the  vote  being  17  to  22,  and  June  22  the  House  bill  passed  by  a  vote 
of  27  to  12. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  200.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  38th  Cong.,  1st  Sess.,  and  the 
Cong.  Globe.  The  principal  propositions  for  repeal  are  collected  in  McPherson, 
Rebellion,  234-237.  For  the  report  of  the  Senate  committee,  February  29,  see 
Senate  Report  24,  38th  Cong.,  ist  Sess.  On  the  general  subject  of  fugitive 
slave  laws  see  McDougall,  Fugitive  Slaves. 

An  Act  to  repeal  the  Fugitive  Slave  Act  of  eighteen  hundred  and fifty ', 
and  all  Acts  and  Parts  of  Acts  for  the  Rendition  of  Fugitive  Slaves. 

Be  it  enacted  .  .  .,  That  sections  three  and  four  of  an  act 
entitled  uAn  act  respecting  fugitives  from  justice  and  persons 
escaping  from  the  service  of  their  masters,"  approved  February 
twelve,  seventeen  hundred  and  ninety-three,  and  an  act  entitled 
"An  act  to  amend,  and  supplementary  to,  the  act  entitled  'An 
act  respecting  fugitives  from  justice  and  persons  escaping  from 
the  service  of  their  masters,'  passed  February  twelve,  seventeen 
hundred  and  ninety-three,"  passed  September  [eighteen],  eigh 
teen  hundred  and  fifty,  be,  and  the  same  are  hereby,  repealed. 

APPROVED,  June  28,  1864. 
i 


1 14      INTERCOURSE  WITH  INSURRECTIONARY  STATES    [July  2 

No.   39.     Intercourse    with   Insurrectionary 
States 

July  2,  1864 

A  BILL  further  to  regulate  commercial  intercourse  with  the  insurrectionary 
States  was  introduced  in  the  Senate,  April  14,  1864,  by  Zachariah  Chandler 
of  Michigan,  by  unanimous  consent,  and  referred  to  the  Committee  on  Com 
merce.  The  bill  was  reported  with  amendments  May  28,  and  passed  the 
Senate,  June  28,  by  a  vote  of  27  to  13.  The  House  passed  the  bill  with  further 
amendments  July  2,  the  concurrence  of  the  Senate  being  given  the  same  day. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XIII,  375-378.  For  the 
proceedings  see  the  House  and  Senate  Journals,  38th  Cong.,  1st  Sess.,  and 
the  Cong.  Globe.  The  text  of  the  bill  as  passed  by  the  Senate  is  in  the  Globe 
for  June  28. 

An  Act  in  addition  to  the  several  Acts  concerning  Commercial  In 
tercourse  between  loyal  and  insurrectionary  States,  and  to  provide 
for  the  Collection  of  captured  and  abandoned  Property,  and  the 
Prevention  of  Frauds  in  States  declared  in  Insurrection. 

Be  it  enacted  .  .  .,  That  sales  of  captured  and  abandoned 
property  under  the  act  approved  March  twelve,  eighteen  hun 
dred  and  sixty-three,  may  be  made  at  such  places,  in  states 
declared  in  insurrection,  as  may  be  designated  by  the  Secretary 
of  the  Treasury,  as  well  as  at  other  places  now  authorized  by 
said  act. 

SEC.  2.  And  be  it  further  enacted,  That,  in  addition  to  the 
captured  and  abandoned  property  to  be  received,  collected,  and 
disposed  of,  as  provided  in  said  act,  the  said  agents  shall  take 
charge  of  and  lease,  for  periods  not  exceeding  twelve  months, 
the  abandoned  lands,  houses,  and  tenements  within  the  districts 
therein  named,  and  shall  also  provide,  in  such  leases  or  other 
wise,  for  the  employment  and  general  welfare  of  all  persons 
within  the  lines  of  national  military  occupation  within  said  in 
surrectionary  states  formerly  held  as  slaves,  who  are  or  shall 
become  free.  Property,  real  or  personal,  shall  be  regarded  as 
abandoned  when  the  lawful  owner  thereof  shall  be  voluntarily 


1864]     INTERCOURSE  WITH  INSURRECTIONARY  STATES        1 1  5 

absent  therefrom,  and  engaged,  either  in  arms  or  otherwise,  in 
aiding  or  encouraging  the  rebellion. 

SEC.  3.  [Moneys  from  leases  and  sales  to  be  paid  into  the 
treasury.  Act  of  March  12,  1863,  section  i,  extended  to  include 
property  mentioned  in  acts  of  July  13,  1861,  and  July  17,  1862.] 

SEC.  4.  And  be  it  further  enacted^  That  the  prohibitions  and 
provisions  of  the  act  approved  July  thirteen,  eighteen  hundred 
and  sixty-one,  and  of  the  acts  amendatory  or  supplementary 
thereto,  shall  apply  to  all  commercial  intercourse  by  and  be 
tween  persons  residing  or  being  within  districts  within  the  pres 
ent  or  future  lines  of  national  military  occupation  in  the  states 
or  parts  of  states  declared  in  insurrection,  whether  with  each 
other  or  with  persons  residing  or  being  within  districts  declared 
in  insurrection  and  not  within  those  lines ;  and  that  all  persons 
within  the  United  States,  not  native  or  naturalized  citizens 
thereof,  shall  be  subject  to  the  same  prohibitions,  in  all  commer 
cial  intercourse  with  inhabitants  of  states  or  parts  of  states  de 
clared  in  insurrection,  as  citizens  of  loyal  states  are  subject  to 
under  the  said  act  or  acts. 

SEC.  5.  And  be  it  further  enacted ',  That  whenever  any  part  of 
a  loyal  state  shall  be  under  the  control  of  insurgents,  or  shall 
be  in  dangerous  proximity  to  places  under  their  control,  all  com 
mercial  intercourse  therein  and  therewith  shall  be  subject  to 
the  same  prohibitions  and  conditions  as  are  created  by  the  said 
acts,  as  to  such  intercourse  between  loyal  and  insurrectionary 
states,  for  such  time  and  to  such  extent  as  shall  from  time  to 
time  become  necessary  to  protect  the  public  interests,  and  be 
directed  by  the  Secretary  of  the  Treasury,  with  the  approval  of 
the  President. 

SEC.  6.  [Mode  of  distribution  of  fines,  forfeitures,  &c.  Repeal 
of  parts  of  acts  of  May  20,  1862,  section  5,  and  March  12,  1863, 
section  4.] 

SEC.  7.  And  be  it  further  enacted,  That  no  property  seized  or 
taken  upon  any  of  the  inland  waters  of  the  United  States  by  the 
naval  forces  thereof,  shall  be  regarded  as  maritime  prize ;  but 
all  property  so  seized  or  taken  shall  be  promptly  delivered  to 


Il6      INTERCOURSE  WITH  INSURRECTIONARY  STATES    [July  2 

the  proper  officers  of  the  courts,  or  as  provided  in  this  act  and 
in  the  said  act  approved  March  twelve,  eighteen  hundred  and 
sixty-three. 

SEC.  8.  And  be  it  further  enacted,  That  it  shall  be  lawful  for 
the  Secretary  of  the  Treasury,  with  the  approval  of  the  Presi 
dent,  to  authorize  agents  to  purchase  for  the  United  States  any 
products  of  states  declared  in  insurrection,  at  such  places  therein 
as  shall  be  designated  by  him,  at  such  prices  as  shall  be  agreed 
on  with  the  seller,  not  exceeding  the  market  value  thereof  at  the 
place  of  delivery,  nor  exceeding  three  fourths  of  the  market- 
value  thereof  in  the  city  of  New  York  at  the  latest  quotations 
known  to  the  agent  purchasing :  Provided,  That  no  part  of  the 
purchase-money  for  any  products  so  purchased  shall  be  paid,  or 
agreed  to  be  paid,  out  of  any  other  fund  than  that  arising  from 
property  sold  as  captured  or  abandoned,  or  purchased  and  sold 
under  the  provisions  of  this  act.  All  property  so  purchased 
shall  be  forwarded  for  sale  at  such  place  or  places  as  shall  be 
designated  by  the  Secretary  of  the  Treasury,  and  the  moneys 
arising  therefrom,  after  payment  of  the  purchase-money  and  the 
other  expenses  connected  therewith,  shall  be  paid  into  the  treas 
ury  of  the  United  States.  .  .  . 

SEC.  9.  And  be  it  further  enacted,  That  so  much  of  section  five 
of  the  act  of  thirteenth  of  July,  eighteen  hundred  and  sixty-one, 
aforesaid,  as  authorizes  the  President,  in  his  discretion,  to  license 
or  permit  commercial  relations  in  any  state  or  section  the  inhab 
itants  of  which  are  declared  in  a  state  of  insurrection,  is  hereby 
repealed,  except  so  far  as  may  be  necessary  to  authorize  supply 
ing  the  necessities  of  loyal  persons  residing  in  insurrectionary 
states,  within  the  lines  of  actual  occupation  by  the  military  forces 
of  the  United  States,  as  indicated  by  published  order  of  the  com 
manding  general  of  the  department  or  district  so  occupied  ;  and, 
also,  except  so  far  as  may  be  necessary  to  authorize  persons 
residing  within  such  lines  to  bring  or  send  to  market  in  the  loyal 
states  any  products  which  they  shall  have  produced  with  their 
own  labor  or  the  labor  of  freedmen,  or  others  employed  and 
paid  by  them,  pursuant  to  rules  relating  thereto,  which  may  be 


1864]  ENROLMENT  ACT 

established  under  proper  authority.  And  no  goods,  wares,  or 
merchandise  shall  be  taken  into  a  state  declared  in  insurrection, 
or  transported  therein,  except  to  and  from  such  places  and  to 
such  monthly  amounts  as  shall  have  been  previously  agreed 
upon  in  writing  by  the  commanding  general  of  the  department 
in  which  such  places  are  situated  and  an  officer  designated  by 
the  Secretary  of  the  Treasury  for  that  purpose. 

SEC.  10.  And  be  it  further  enacted,  That  all  officers  and  pri 
vates  of  the  regular  and  volunteer  forces  of  the  United  States, 
and  all  officers,  sailors,  and  marines  in  the  naval  service,  are 
hereby  prohibited  from  buying  or  selling,  trading,  or  in  anyway 
dealing  in  the  kind  or  description  of  property  mentioned  in  this 
act,  and  the  act  to  which  this  is  in  addition,  whereby  to  receive 
or  expect  any  profit,  benefit,  or  advantage  to  himself,  or  any 
other  person,  directly  or  indirectly  connected  with  him ;  and  it 
shall  be  the  duty  of  such  officer,  private,  sailor,  or  marine,  when 
such  property  shall  come  into  his  possession  or  custody,  or 
within  his  control,  to  give  notice  thereof  to  some  agent,  ap 
pointed  by  virtue  of  this  act,  and  to  turn  the  same  over  to  such 
agent  without  delay :  .  .  .  [penalty  for  violation,  &c.] 

SEC.  ii.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury,  with  the  approval  of  the  President,  shall  make  such 
rules  and  regulations  as  are  necessary  to  secure  the  prope/  and 
economical  execution  of  the  provisions  of  this  act,  and  shall 
defray  all  expenses  of  such  execution  from  the  proceeds  of  fees 
imposed  by  said  rules  and  regulations,  of  sales  of  captured  and 
abandoned  property,  and  of  sales  hereinbefore  authorized. 

APPROVED,  July  2,  1864. 


No.  40.     Enrolment  Act 

July  4,  1864 

IN  a  communication  of  June  7,  1864,  the  Secretary  of  War  urged  the  re 
peal  of  the  $300  commutation  clause  of  the  Enrolment  Act  of  March  3,  1863, 
on  the  ground  that  under  it  the  draft  brought  money  instead  of  men.  A  bill 


Il8  ENROLMENT  ACT  [July  4 

to  repeal  the  clause  was  reported  by  the  Senate  Committee  on  Military  Affairs 
the  next  day,  and  on  the  2jd,  by  a  vote  of  24  to  7,  the  bill  in  amended  form 
passed.  In  the  House  a  bill  to  amend  the  act  of  1863  was  reported  June  21. 
A  motion  to  reject  the  bill  resulting  in  a  tie,  the  speaker  voted  in  the  negative. 
The  first  section,  repealing  the  commutation  clause,  was  stricken  out,  the  vote 
being  100  to  50.  On  the  28th,  after  the  rejection  of  numerous  amendments 
and  substitutes,  the  bill  passed,  the  vote  being  82  to  77,  23  not  voting. 
Throughout  the  proceedings  in  the  House  there  was  strong  opposition.  The 
Senate  incorporated  its  own  bill  of  June  23,  together  with  an  amendment 
offered  by  Sherman  providing  for  an  income  tax  to  pay  the  cost  of  bounties 
and  drafts.  The  bill  thus  amended  passed  the  Senate,  June  29,  by  a  vote  of 
27  to  7.  The  next  day,  on  motion  of  Thaddeus  Stevens,  the  House  returned 
the  bill  to  the  Senate  on  the  ground  that  the  amendment  proposing  an  in 
come  tax  was  unconstitutional,  and  a  violation  of  the  privileges  of  the  House. 
The  Senate  struck  out  the  amendment,  but  refused  to  recede  from  a  fur 
ther  amendment  regarding  the  enlistment  of  negroes.  The  bill  went  to  a  con 
ference  committee,  whose  report,  July  2,  was  rejected  by  the  Senate  by  a  vote 
of  1 6  to  1 8.  A  second  conference  report  was  agreed  to  in  the  Senate  by  a 
vote  of  1 8  to  17,  and  in  the  House  by  a  vote  of  66  to  55.  July  18  a  call  for 
500,000  men  was  issued  under  the  act. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  379,  380.  For  the 
proceedings  see  the  House  and  Senate  Journals,  38th  Cong.,  ist  Sess.,  and  the 
Cong.  Globe.  The  letter  of  the  Secretary  of  War  is  in  McPherson,  Rebellion, 
263,  note.  Extracts  from  discussions  on  the  constitutionality  of  the  act  are 
given  in  McPherson,  ibid.,  272-274. 

An  Aft  further  to  regulate  and  provide  for  the  enrolling  and  call 
ing  out  the  National  Forces,  and  for  other  Purposes. 

Be  it  enacted  .  .  .,  That  the  President  of  the  United  States 
may,  at  his  discretion,  at  any  time  hereafter  call  for  any  number  of 
men  as  volunteers  for  the  respective  terms  of  one,  two,  and  three 
years  for  military  service  ;  and  any  such  volunteer,  or,  in  case  of 
draft,  as  hereinafter  provided,  any  substitute,  shall  be  credited  to 
the  town,  township,  ward  of  a  city,  precinct,  or  election  district, 
or  of  a  county  not  so  subdivided,  towards  the  quota  of  which 
he  may  have  volunteered  or  engaged  as  a  substitute  ;  and  every 
volunteer  who  is  accepted  and  mustered  into  the  service  for  a 
term  of  one  year,  unless  sooner  discharged,  shall  receive,  and 
be  paid  by  the  United  States,  a  bounty  of  one  hundred  dollars ; 
and  if  for  a  term  of  two  years,  unless  sooner  discharged,  a 


1864]  ENROLMENT  ACT  119 

bounty  of  two  hundred  dollars  ;  and  if  for  a  term  of  three  years, 
unless  sooner  discharged,  a  bounty  of  three  hundred  dollars  ; 
one  third  of  which  bounty  shall  be  paid  to  the  soldier  at  the  time 
of  his  being  mustered  into  the  service,  one  third  at  the  expira 
tion  of  one  half  of  his  term  of  service,  and  one  third  at  the 
expiration  of  his  term  of  service  ;  and  in  case  of  his  death  while 
in  service,  the  residue  of  his  bounty  unpaid  shall  be  paid  to  his 
widow,  if  he  shall  have  left  a  widow  ;  if  not,  to  his  children,  or 
if  there  be  none,  to  his  mother,  if  she  be  a  widow. 

SEC.  2.  And  be  it  further  enacted,  That  in  case  the  quota,  or 
any  part  thereof,  of  any  town,  township,  ward  of  a  city,  precinct, 
or  election  district,  or  of  any  county  not  so  subdivided,  shall 
not  be  filled  within  the  space  of  fifty  days  after  such  call,  then 
the  President  shall  immediately  order  a  draft  for  one  year  to  fill 
such  quota,  or  any  part  thereof,  which  may  be  unfilled  ;  and  in 
case  of  any  such  draft  no  payment  of  money  shall  be  accepted 
or  received  by  the  government  as  commutation  to  release  any 
enrolled  or  drafted  man  from  personal  obligation  to  perform 
military  service. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  lawful  for 
the  executive  of  any  of  the  states  to  send  recruiting  agents  into 
any  of  the  states  declared  to  be  in  rebellion,  except  the  states  of 
Arkansas,  Tennessee,  and  Louisiana,  to  recruit  volunteers  under 
any  call  under  the  provisions  of  this  act,  who  shall  be  credited 
to  the  state,  and  to  the  respective  subdivisions  thereof,  which 
may  procure  the  enlistment. 

SEC.  4.  And  be  it  further  enacted,  That  drafted  men,  substi 
tutes,  and  volunteers,  when  mustered  in,  shall  be  organized  in,  or 
assigned  to,  regiments,  batteries,  or  other  organizations  of  their 
own  states,  and,  as  far  as  practicable,  shall,  when  assigned,  be  per 
mitted  to  select  their  own  regiments,  batteries,  or  other  organiza 
tions  from  among  those  of  their  respective  states  which  at  the  time 
of  assignment  may  not  be  filled  to  their  maximum  number. 
******* 

SEC.  6.  And  be  it  further  enacted,  That  section  three  of  an  act 
entitled  "  An  act  to  amend  an  act  entitled  '  An  act  for  enrolling 


I2O  ACT  TO  ENCOURAGE  IMMIGRATION  [July  4 

and  calling  out  the  national  forces,  and  for  other  purposes,' " 
approved  February  twenty-four,  eighteen  hundred  and  sixty- 
four,  be,  and  the  same  is  hereby,  amended,  so  as  to  authorize 
and  direct  district  provost-marshals,  under  the  direction  of  the 
provost-marshal  general,  to  make  a  draft  for  one  hundred  per 
centum  in  addition  to  the  number  required  to  fill  the  quota  of 
any  district  as  provided  by  said  section. 

#####*# 

SEC.  10.  And  be  it  further  enacted,  That  nothing  contained  in 
this  act  shall  be  construed  to  alter,  or  in  any  way  affect,  the 
provisions  of  the  seventeenth  section  of  an  act  approved  Febru 
ary  twenty-fourth,  eighteen  hundred  and  sixty-four,  entitled  "  An 
act  to  amend  an  act  entitled  '  An  act  for  enrolling  and  calling 
out  the  national  forces,  and  for  other  purposes,' "  approved 
March  third,  eighteen  hundred  and  sixty-three. 

SEC.  ii.  And  be  it  further  enacted,  That  nothing  contained  in 
this  act,  shall  be  construed  to  alter  or  change  the  provisions  of 
existing  laws  relative  to  permitting  persons  liable  to  military 
service  to  furnish  substitutes. 

APPROVED,  July  4,  1864. 


No.  41.     Act  to  encourage  Immigration 

July  4,  1864 

A  BILL  to  encourage  immigration  was  reported  in  the  House,  April  16, 
1864,  by  Elihu  B.  Washburne  of  Illinois,  from  the  select  committee  on  that 
subject.  The  bill  passed  the  House  April  21,  and  the  Senate  with  amend 
ments  June  27.  The  House  disagreed  to  the  Senate  amendments,  and  the 
bill  went  to  a  conference  committee,  whose  report  was  accepted  by  the  two 
houses  July  2. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  385-387.  For  the 
proceedings  see  the  House  and  Senate  Journals,  38th  Cong.,  1st  Sess.,andthe 
Cong.  Globe.  Washburne's  report  of  April  16  is  House  Report  56 ;  see  also 
House  Report  42,  37th  Cong.,  3d  Sess.  See  Sherman,  Recollections,  II,  1081- 
1083. 


1864]  ACT  TO  ENCOURAGE  IMMIGRATION  121 

An  Act  to  encourage  Immigration. 

Be  it  enacted  .  .  .,  That  the  President  of  the  United  States 
is  hereby  authorized,  by  and  with  the  advice  and  consent  of  the 
Senate,  to  appoint  a  commissioner  of  immigration,  who  shall  be 
subject  to  the  direction  of  the  Department  of  State.  .  .  . 

SEC.  2.  And  be  it  further  enacted,  That  all  contracts  that  shall 
be  made  by  emigrants  to  the  United  States  in  foreign  countries, 
in  conformity  to  regulations  that  may  be  established  by  the  said 
commissioner,  whereby  emigrants  shall  pledge  the  wages  of  their 
labor  for  a  term  not  exceeding  twelve  months,  to  repay  the 
expenses  of  their  emigration,  shall  be  held  to  be  valid  in  law, 
and  may  be  enforced  in  the  courts  of  the  United  States,  or  of 
the  several  states  and  territories ;  and  such  advances,  if  so 
stipulated  in  the  contract,  and  the  contract  be  recorded  in  the 
recorder's  office  in  the  county  where  the  emigrant  shall  settle, 
shall  operate  as  a  lien  upon  any  land  thereafter  acquired  by  the 
emigrant,  whether  under  the  homestead  law  when  the  title  is 
consummated,  or  on  property  otherwise  acquired  until  liquidated 
by  the  emigrant ;  but  nothing  herein  contained  shall  be  deemed 
to  authorize  any  contract  contravening  the  Constitution  of  the 
United  States,  or  creating  in  any  way  the  relation  of  slavery  or 
servitude. 

SEC.  3.  And  be  it  further  enacted,  That  no  emigrant  to  the 
United  States  who  shall  arrive  after  the  passage  of  this  act  shall 
be  compulsively  enrolled  for  military  service  during  the  existing 
insurrection,  unless  such  emigrant  shall  voluntarily  renounce 
under  oath  his  allegiance  to  the  country  of  his  birth,  and  declare 
his  intention  to  become  a  citizen  of  the  United  States. 

SEC.  4.  And  be  it  further  enacted,  That  there  shall  be  estab 
lished  in  the  city  of  New  York  an  office  to  be  known  as  the 
United  States  Emigrant  Office;  and  there  shall  be  appointed, 
by  and  with  the  advice  and  consent  of  the  Senate,  an  officer  for 
said  city,  to  be  known  as  superintendent  of  immigration  .  .  . ; 
and  such  superintendent  shall,  under  the  direction  of  the  com 
missioner  of  immigration,  make  contracts  with  the  different  rail- 


122        PROCLAMATION   REGARDING  RECONSTRUCTION    [July  8 

roads  and  transportation  companies  of  the  United  States  for 
transportation  tickets,  to  be  furnished  to  such  immigrants,  and 
to  be  paid  for  by  them,  and  shall,  under  such  rules  as  may  be 
prescribed  by  the  commissioner  of  immigration,  protect  such 
immigrants  from  imposition  and  fraud,  and  shall  furnish  them 
such  information  and  facilities  as  will  enable  them  to  proceed  in 
the  cheapest  and  most  expeditious  manner  to  the  place  of  their 
destination.  And  such  superintendent  of  immigration  shall  per 
form  such  other  duties  as  may  be  prescribed  by  the  commis 
sioner  of  immigration  :  Provided,  That  the  duties  hereby  imposed 
upon  the  superintendent  in  the  city  of  New  York  shall  not  be 
held  to  effect  the  powers  and  duties  of  the  commissioner  of 
immigration  of  the  State  of  New  York ;  and  it  shall  be  the  duty 
of  said  superintendent  in  the  city  of  New  York  to  see  that  the 
provisions  of  the  act  commonly  known  as  the  passenger  act  are 
strictly  complied  with,  and  all  breaches  thereof  punished  accord 
ing  to  law. 

******* 

APPROVED,  July  4, 1864. 


No.  42.   Proclamation  regarding  Reconstruction 

July  8,  1864 

DECEMBER  15,  1863,  on  motion  of  Henry  Winter  Davis  of  Maryland,  so 
much  of  Lincoln's  message  of  December  8  as  related  "  to  the  duty  of  the 
United  States  to  guaranty  a  republican  form  of  government  to  the  States 
in  which  the  governments  recognized  by  the  United  States  have  been 
abrogated  or  overthrown  "  was  referred,  by  a  vote  of  91  to  80,  to  a  select  com 
mittee  of  the  House,  with  instructions  to  report  bills  to  carry  into  execution 
the  said  guarantee.  A  bill  was  reported  by  the  committee  February  15,  1864, 
and  passed  the  House  May  4  by  a  vote  of  74  to  66.  July  I  the  Senate,  by  a 
vote  of  30  to  13,  adopted  a  substitute,  proposed  by  B.  Gratz  Brown  of  Mis 
souri,  declaring  that  when  the  inhabitants  of  any  State  had  been  declared  in 
insurrection  by  proclamation  under  the  act  of  July  13,  1861,  they  should  be 
"  incapable  of  casting  any  vote  for  electors  of  President  or  Vice  President  of 
the  United  States,  or  of  electing  Senators  and  Representatives  in  Congress, 


1864]       PROCLAMATION  REGARDING   RECONSTRUCTION        123 

until  said  insurrection  in  said  State  is  suppressed  or  abandoned  and  said  in 
habitants  have  returned  to  their  obedience  to  the  Government  of  the  United 
States,  nor  until  such  return  to  obedience  shall  be  declared  by  proclamation 
of  the  President,  issued  by  virtue  of  an  act  of  Congress,  hereafter  to  be 
passed,  authorizing  the  same."  The  House  refused  to  concur,  and  July  2 
the  Senate,  by  a  vote  of  18  to  14,  receded,  and  the  House  bill  passed.  Lin 
coln  was  opposed  to  the  bill  and  withheld  his  approval,  but  immediately  upon 
the  adjournment  of  Congress  issued  the  following  proclamation  with  the  bill 
attached.  The  bill  was  the  first  formal  plan  of  reconstruction  agreed  upon  by 
Congress. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  Appendix,  xiv-xvii. 
For  the  proceedings  see  the  House  and  Senate  Journals,  38th  Cong.,  1st  Sess., 
and  the  Cong.  Globe.  On  Lincoln's  plan  of  reconstruction  see  Cox,  Three 
Decades,  chap.  1 7.  On  the  bill  see  Nicolay  and  Hay,  Lincoln,  IX,  chap.  5 ; 
E.  B.  Scott,  Reconstruction  during  the  Civil  War. 

BY  THE   PRESIDENT  OF  THE  UNITED  STATES. 
A   PROCLAMATION. 

(The  proclamation  recites  the  passage  of  the  bill  annexed,  and  its  presenta 
tion  to  the  President  "  less  than  one  hour  before  the  sine  die  adjournment  of 
said  session,"  and  continues:) 

And  whereas  the  said  bill  contains,  among  other  things,  a  plan 
for  restoring  the  states  in  rebellion  to  their  proper  practical 
relation  in  the  Union,  which  plan  expresses  the  sense  of  con 
gress  upon  that  subject,  and  which  plan  it  is  now  thought  fit  to 
lay  before  the  people  for  their  consideration : 

Now,  therefore,  I,  ABRAHAM  LINCOLN,  President  of  the  United 
States,  do  proclaim,  declare,  and  make  known,  that,  while  I  am 
(as  I  was  in  December  last,  when  by  proclamation  I  propounded 
a  plan  for  restoration)  unprepared  by  a  formal  approval  of  this 
bill,  to  be  inflexibly  committed  to  any  single  plan  of  restoration  ; 
and,  while  I  am  also  unprepared  to  declare  that  the  free  state 
constitutions  and  governments  already  adopted  and  installed  in 
Arkansas  and  Louisiana  shall  be  set  aside  and  held  for  nought, 
thereby  repelling  and  discouraging  the  loyal  citizens  who  have 
set  up  the  same  as  to  further  effort,  or  to  declare  a  constitutional 
competency  in  congress  to  abolish  slavery  in  states,  but  am  at 


124      PROCLAMATION   REGARDING   RECONSTRUCTION      [July  8 

the  same  time  sincerely  hoping  and  expecting  that  a  constitu 
tional  amendment  abolishing  slavery  throughout  the  nation  may 
be  adopted,  nevertheless  I  am  fully  satisfied  with  the  system  for 
restoration  contained  in  the  bill  as  one  very  proper  plan  for  the 
loyal  people  of  any  state  choosing  to  adopt  it,  and  that  I  am,  and 
at  all  times  shall  be,  prepared  to  give  the  executive  aid  and 
assistance  to  any  such  people,  so  soon  as  the  military  resistance 
to  the  United  States  shall  have  been  suppressed  in  any  such 
state,  and  the  people  thereof  shall  have  sufficiently  returned  to 
their  obedience  to  the  constitution  and  the  laws  of  the  United 
States,  in  which  cases  military  governors  will  be  appointed,  with 
directions  to  proceed  according  to  the  bill. 


A  Bill  to  guarantee  to  certain  States  whose  Governments  have  been  usurped  or 
overthrown  a  Republican  Form  of  Government. 

Be  it  enacted  .  .  .,  That  in  the  states  declared  in  rebellion  against  the 
United  States,  the  President  shall,  by  and  with  the  advice  and  consent  of  the 
Senate,  appoint  for  each  a  provisional  governor,  .  .  .  who  shall  be  charged 
with  the  civil  administration  of  such  state  until  a  state  government  therein 
shall  be  recognized  as  hereinafter  provided. 

SEC.  2.  And  be  it  further  enacted,  That  so  soon  as  the  military  resistance  to 
the  United  States  shall  have  been  suppressed  in  any  such  state,  and  the  people 
thereof  shall  have  sufficiently  returned  to  their  obedience  to  the  constitution 
and  the  laws  of  the  United  States,  the  provisional  governor  shall  direct  the 
marshal  of  the  United  States,  as  speedily  as  may  be,  to  name  a  sufficient 
number  of  deputies,  and  to  enroll  all  white  male  citizens  of  the  United  States, 
resident  in  the  state  in  their  respective  counties,  and  to  request  each  one  to 
take  the  oath  to  support  the  constitution  of  the  United  States,  and  in  his 
enrolment  to  designate  those  who  take  and  those  who  refuse  to  take  that 
oath,  which  rolls  shall  be  forthwith  returned  to  the  provisional  governor;  and 
if  the  persons  taking  that  oath  shall  amount  to  a  majority  of  the  persons 
enrolled  in  the  state,  he  shall,  by  proclamation,  invite  the  loyal  people  of  the 
state  to  elect  delegates  to  a  convention  charged  to  declare  the  will  of  the 
people  of  the  state  relative  to  the  reestablishment  of  a  state  government  subject 
to,  and  in  conformity  with,  the  constitution  of  the  United  States. 

SEC.  3.  And  be  it  further  enacted.  That  the  convention  shall  consist  of  as 
many  members  as  both  houses  of  the  last  constitutional  state  legislature,  ap 
portioned  by  the  provisional  governor  among  the  counties,  parishes,  or  districts 
of  the  state,  in  proportion  to  the  white  population,  returned  as  electors,  by  the 


1 864]       PROCLAMATION   REGARDING   RECONSTRUCTION       12$ 

marshal,  in  compliance  with  the  provisions  of  this  act.  The  provisional  gov 
ernor  shall,  by  proclamation,  declare  the  number  of  delegates  to  be  elected 
by  each  county,  parish,  or  election  district;  name  a  day  of  election  not  less 
than  thirty  days  thereafter;  designate  the  places  of  voting  in  each  county, 
parish,  or  district,  conforming  as  nearly  as  may  be .  convenient  to  the  places 
used  in  the  state  elections  next  preceding  the  rebellion;  appoint  one  or  more 
commissioners  to  hold  the  election  at  each  place  of  voting,  and  provide  an 
adequate  force  to  keep  the  peace  during  the  election. 

SEC.  4.  And  be  it  further  enacted,  That  the  delegates  shall  be  elected  by 
the  loyal  white  male  citizens  of  the  United  States  of  the  age  of  twenty-one 
years,  and  resident  at  the  time  in  the  county,  parish,  or  district  in  which  they 
shall  offer  to  vote,  and  enrolled  as  aforesaid,  or  absent  in  the  military  service 
of  the  United  States,  and  who  shall  take  and  subscribe  the  oath  of  allegiance 
to  the  United  States  in  the  form  contained  in  the  act  of  congress  of  July  two, 
eighteen  hundred  and  sixty-two;  and  all  such  citizens  of  the  United  States 
who  are  in  the  military  service  of  the  United  States  shall  vote  at  the  head 
quarters  of  their  respective  commands,  under  such  regulations  as  may  be  pre 
scribed  by  the  provisional  governor  for  the  taking  and  return  of  their  votes; 
but  no  person  who  has  held  or  exercised  any  office,  civil  or  military,  state  or 
confederate,  under  the  rebel  usurpation,  or  who  has  voluntarily  borne  arms 
against  the  United  States,  shall  vote,  or  be  eligible  to  be  elected  as  delegate, 
at  such  election. 

SEC.  5.  And  be  it  further  enacted,  That  the  said  commissioners,  or  either  of 
them,  shall  hold  the  election  in  conformity  with  this  act,  and,  so  far  as  maybe 
consistent  therewith,  shall  proceed  in  the  manner  used  in  the  state  prior  to  the 
rebellion.  The  oath  of  allegiance  shall  be  taken  and  subscribed  on  the  poll- 
book  by  every  voter  in  the  form  above  prescribed,  but  every  person  known 
by,  or  proved  to,  the  commissioners  to  have  held  or  exercised  any  office,  civil 
or  military,  state  or  confederate,  under  the  rebel  usurpation,  or  to  have 
voluntarily  borne  arms  against  the  United  States,  shall  be  excluded,  though 
he  offer  to  take  the  oath;  and  in  case  any  person  who  shall  have  borne  arms 
against  the  United  States  shall  offer  to  vote  he  shall  be  deemed  to  have  borne 
arms  voluntarily  unless  he  shall  prove  the  contrary  by  the  testimony  of  a 
qualified  voter.  The  poll-book,  showing  the  name  and  oath  of  each  voter, 
shall  be  returned  to  the  provisional  governor  by  the  commissioners  of  election 
or  the  one  acting,  and  the  provisional  governor  shall  canvass  such  returns, 
and  declare  the  person  having  the  highest  number  of  votes  elected. 

SEC.  6.  And  be  it  further  enacted,  That  the  provisional  governor  shall,  by 
proclamation,  convene  the  delegates  elected  as  aforesaid,  at  the  capital  of  the 
state,  on  a  day  not  more  than  three  months  after  the  election,  giving  at  least 
thirty  days'  notice  of  such  day.  In  case  the  said  capital  shall  in  his  judgment 
be  unfit,  he  shall  in  his  proclamation  appoint  another  place.  He  shall  preside 


126       PROCLAMATION   REGARDING   RECONSTRUCTION     [July  8 

over  the  deliberations  of  the  convention,  and  administer  to  each  delegate, 
before  taking  his  seat  in  the  convention,  the  oath  of  allegiance  to  the  United 
States  in  the  form  above  prescribed. 

SEC.  7.  And  be  it  further  enacted.  That  the  convention  shall  declare,  on 
behalf  of  the  people  of  the  state,  their  submission  to  the  constitution  and  laws 
of  the  United  States,  and  shall  adopt  the  following  provisions,  hereby  pre 
scribed  by  the  United  States  in  the  execution  of  the  constitutional  duty  to 
guarantee  a  republican  form  of  government  to  every  state,  and  incorporate 
them  in  the  constitution  of  the  state,  that  is  to  say : 

First.  No  person  who  has  held  or  exercised  any  office,  civil  or  military, 
except  offices  merely  ministerial,  and  military  offices  below  the  grade  of  colo 
nel,  state  or  confederate,  under  the  usurping  power,  shall  vote  for  or  be  a 
member  of  the  legislature,  or  governor. 

Second.  Involuntary  servitude  is  forever  prohibited,  and  the  freedom  of  all 
persons  is  guaranteed  in  said  state. 

Third.  No  debt,  state  or  confederate,  created  by  or  under  the  sanction  of 
the  usurping  power,  shall  be  recognized  or  paid  by  the  state. 

SEC.  8.  And  be  it  further  enacted,  That  when  the  convention  shall  have 
adopted  those  provisions,  it  shall  proceed  to  reestablish  a  republican  form  of 
government,  and  ordain  a  constitution  containing  those  provisions,  which, 
when  adopted,  the  convention  shall  by  ordinance  provide  for  submitting  to 
the  people  of  the  state,  entitled  to  vote  under  this  law,  at  an  election  to  be 
held  in  the  manner  prescribed  by  the  act  for  the  election  of  delegates;  but 
at  a  time  and  place  named  by  the  convention,  at  which  election  the  said 
electors,  and  none  others,  shall  vote  directly  for  or  against  such  constitution 
and  form  of  state  government,  and  the  returns  of  said  election  shall  be  made 
to  the  provisional  governor,  who  shall  canvass  the  same  in  the  presence  of  the 
electors,  and  if  a  majority  of  the  votes  cast  shall  be  for  the  constitution  and 
form  of  government,  he  shall  certify  the  same,  with  a  copy  thereof,  to  the 
President  of  the  United  States,  who,  after  obtaining  the  assent  of  congress, 
shall,  by  proclamation,  recognize  the  government  so  established,  and  none 
other,  as  the  constitutional  government  of  the  state,  and  from  the  date  of 
such  recognition,  and  not  before,  Senators  and  Representatives,  and  electors 
for  President  and  Vice-President  may  be  elected  in  such  state,  according  to 
the  laws  of  the  state  and  of  the  United  States. 

SEC.  9.  And  be  it  further  enacted,  That  if  the  convention  shall  refuse  to 
reestablish  the  state  government  on  the  conditions  aforesaid,  the  provisional 
governor  shall  declare  it  dissolved;  but  it  shall  be  the  duty  of  the  President, 
whenever  he  shall  have  reason  to  believe  that  a  sufficient  number  of  the 
people  of  the  state  entitled  to  vote  under  this  act,  in  number  not  less  than  a 
majority  of  those  enrolled,  as  aforesaid,  are  willing  to  reestablish  a  state  gov 
ernment  on  the  conditions  aforesaid,  to  direct  the  provisional  governor  to 


1864]        PROCLAMATION   REGARDING   RECONSTRUCTION      127 

order  another  election  of  delegates  to  a  convention  for  the  purpose  and  in 
the  manner  prescribed  in  this  act,  and  to  proceed  in  all  respects  as  herein 
before  provided,  either  to  dissolve  the  convention,  or  to  certify  the  state 
government  reestablished  by  it  to  the  President. 

SEC.  10.  And  be  it  further  enacted,  That,  until  the  United  States  shall  have 
recognized  a  republican  form  of  state  government,  the  provisional  governor  in 
each  of  said  states  shall  see  that  this  act,  and  the  laws  of  the  United  States, 
and  the  laws  of  the  state  in  force  when  the  state  government  was  overthrown 
by  the  rebellion,  are  faithfully  executed  within  the  state;  but  no  law  or  usage 
whereby  any  person  was  heretofore  held  in  involuntary  servitude  shall  be 
recognized  or  enforced  by  any  court  or  officer  in  such  state,  and  the  laws  for 
the  trial  and  punishment  of  white  persons  shall  extend  to  all  persons,  and 
jurors  shall  have  the  qualifications  of  voters  under  this  law  for  delegates  to 
the  convention.  The  President  shall  appoint  such  officers  provided  for  by  the 
laws  of  the  state  when  its  government  was  overthrown  as  he  may  find  neces 
sary  to  the  civil  administration  of  the  state,  all  which  officers  shall  be  entitled 
to  receive  the  fees  and  emoluments  provided  by  the  state  laws  for  such  officers. 

SEC.  II.  And  be  it  further  enacted,  That  until  the  recognition  of  a  state 
government  as  aforesaid,  the  provisional  governor  shall,  under  such  regulations 
as  he  may  prescribe,  cause  to  be  assessed,  levied,  and  collected,  for  the  year 
eighteen  hundred  and  sixty-four,  and  every  year  thereafter,  the  taxes  provided 
by  the  laws  of  such  state  to  be  levied  during  the  fiscal  year  preceding  the 
overthrow  of  the  state  government  thereof,  in  the  manner  prescribed  by  the 
laws  of  the  state,  as  nearly  as  may  be;  and  the  officers  appointed,  as  aforesaid, 
are  vested  with  all  powers  of  levying  and  collecting  such  taxes,  by  distress  or 
sale,  as  were  vested  in  any  officers  or  tribunal  of  the  state  government  afore 
said  for  those  purposes.  The  proceeds  of  such  taxes  shall  be  accounted  for 
to  the  provisional  governor,  and  be  by  him  applied  to  the  expenses  of  the 
administration  of  the  laws  in  such  state,  subject  to  the  direction  of  the  Presi 
dent,  and  the  surplus  shall  be  deposited  in  the  treasury  of  the  United  States 
to  the  credit  of  such  state,  to  be  paid  to  the  state  upon  an  appropriation 
therefor,  to  be  made  when  a  republican  form  of  government  shall  be  recog 
nized  therein  by  the  United  States. 

SEC.  12.  And  be  it  further  enacted.  That  all  persons  held  to  involuntary 
servitude  or  labor  in  the  states  aforesaid  are  hereby  emancipated  and  dis 
charged  therefrom,  and  they  and  their  posterity  shall  be  forever  free.  And 
if  any  such  persons  or  their  posterity  shall  be  restrained  of  liberty,  under  pre 
tence  of  any  claim  to  such  service  or  labor,  the  courts  of  the  United  States 
shall,  on  habeas  corpus,  discharge  them. 

SEC.  13.  And  be  it  further  enacted,  That  if  any  person  declared  free  by  this 
act,  or  any  law  of  the  United  States,  or  any  proclamation  of  the  President,  be 
restrained  of  liberty,  with  intent  to  be  held  in  or  reduced  to  involuntary  servi- 


128  ELECTORAL   COUNT  [Feb.  8 

tude  or  labor,  the  person  convicted  before  a  court  of  competent  jurisdiction 
of  such  act  shall  be  punished  by  fine  of  not  less  than  fifteen  hundred  dollars, 
and  be  imprisoned  not  less  than  five  nor  more  than  twenty  years. 

SEC.  14.  And  be  it  further  enacted,  That  every  person  who  shall  hereafter 
hold  or  exercise  any  office,  civil  or  military,  except  offices  merely  ministerial, 
and  military  offices  below  the  grade  of  colonel,  in  the  rebel  service,  state  or 
confederate,  is  hereby  declared  not  to  be  a  citizen  of  the  United  States. 


No.  43.     Electoral  Count 

February  8,  1865 

A  JOINT  resolution  declaring  certain  States  not  eligible  to  representation 
in  the  electoral  college  was  presented  in  the  House,  December  19,  1864,  by 
Wilson  of  Iowa,  and  passed  the  House  January  30,  1865.  The  resolution 
was  reported  in  the  Senate  February  I,  with  an  amendment  to  the  preamble. 
An  amendment  to  strike  out  Louisiana  from  the  list  of  States  named  was 
rejected,  and  on  the  4th,  by  a  vote  of  29  to  10,  the  amended  resolution  passed 
the  Senate.  The  House  concurred  in  the  Senate  amendment.  In  his  message 
of  approval,  February  8,  Lincoln  disclaimed  "  all  right  of  the  Executive  to 
interfere  in  any  way  in  the  matter  of  canvassing  or  counting  electoral  votes," 
and  further  disclaimed  "  that  by  signing  said  resolution  he  has  expressed  any 
opinion  on  the  recitals  of  the  preamble  or  any  judgment  of  his  own  upon  the 
subject  of  the  resolution." 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  567,  568.  For  the 
proceedings  see  the  House  and  Senate  Journals,  38th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe. 

Joint  Resolution  declaring  certain  States  not  entitled  to  Representa 
tion  in  the  Electoral  College. 

WHEREAS  the  inhabitants  and  local  authorities  of  the  States 
of  Virginia,  North  Carolina,  South  Carolina,  Georgia,  Florida, 
Alabama,  Mississippi,  Louisiana,  Texas,  Arkansas,  and  Ten 
nessee  rebelled  against  the  government  of  the  United  States, 
and  were  in  such  condition  on  the  eighth  day  of  November, 
eighteen  hundred  and  sixty-four,  that  no  valid  election  for  elec 
tors  of  President  and  Vice-President  of  the  United  States,  accord- 


1865]  FREEDMEN'S  BUREAU  I2Q 

ing  to  the  constitution  and  laws  thereof,  was  held  therein  on 
said  day :  Therefore, 

Be  it  resolved  .  .  .,  That  the  states  mentioned  in  the  preamble 
to  this  joint  resolution  are  not  entitled  to  representation  in  the 
electoral  college  for  the  choice  of  President  and  Vice-President 
of  the  United  States,  for  the  term  of  office  commencing  on  the 
fourth  day  of  March,  eighteen  hundred  and  sixty-five  ;  and  no 
electoral  votes  shall  be  received  or  counted  from  said  states 
concerning  the  choice  of  President  and  Vice-President  for  said 
term  of  office. 

APPROVED,  February  8,  1865. 


No.  44.     Freedmen's  Bureau 

March  3,  1865 

A  BILL  "  to  establish  a  bureau  of  emancipation  "  was  reported  in  the  House, 
December  22,  1863,  by  Eliot  of  Massachusetts,  from  the  Select  Committee  on 
Emancipation,  and  recommitted.  The  bill  was  reported  with  amendments 
January  13,  1864,  and  March  i  passed  the  House  by  a  vote  of  69  to  67.  In 
the  Senate  the  bill  was  referred  to  the  Select  Committee  on  Slavery  and 
Freedmen,  of  which  Sumner  was  chairman.  A  bill  to  establish  a  bureau  of 
freedmen  was  reported  from  the  committee  April  12.  May  25  the  committee 
reported  the  House  bill  with  a  substitute  amendment,  and  the  bill  thus 
amended  passed  the  Senate  June  29  by  a  vote  of  21  to  9.  The  select  com 
mittee  of  the  House  recommended  that  the  amendments  of  the  Senate  be 
disagreed  to.  Further  action  was  postponed  until  December.  December  20 
a  conference  committee  was  appointed.  The  report  of  the  committee  was 
accepted  by  the  House,  February  9,  1865,  by  a  vote  of  64  to  62,  56  not  vot 
ing,  but  rejected  by  the  Senate  on  the  22d  by  a  vote  of  14  to  24.  March  3 
the  report  of  a  second  conference  committee  was  agreed  to  by  both  houses. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  507-509.  For  the 
proceedings  see  the  House  and  Senate  Journals,  38th  Cong.,  1st  and  2d  Sess., 
and  the  Cong.  Globe.  On  the  work  of  the  bureau  see  Senate  Exec.  Doc.  28, 
38th  Cong.,  2d  Sess.;  House  Exec.  Docs.  //,  70,  and  120,  39th  Cong.,  1st  Sess.; 
House  Exec.  Doc.  7,  39th  Cong.,  2d  Sess.;  House  Report  jo,  4Oth  Cong.,  2d 
Sess.;  House  Exec.  Doc.  329,  ibid.;  House  Exec.  Doc.  142,  41  st  Cong.,  2d 
K 


130  FREEDMEN'S  BUREAU  [March  3 

Sess. ;  House  Misc.  Doc.  87,  42d  Cong.,  3d  Sess.;  House  Exec.  Doc.  10, 
43d  Cong.,  1st  Sess.;  House  Exec.  Doc.  144,  44th  Cong.,  1st  Sess.  On  the 
condition  of  freedmen  see  Senate  Exec.  Doc.  33,  and  Senate  Report  23,  38th 
Cong.,  ist  Sess.;  House  Exec.  Doc.  118,  39th  Cong.,  ist  Sess.  Southern  State 
legislation  respecting  freedmen  is  summarized  in  McPherson,  Reconstruction, 
29-44.  See  also  Cox,  Three  Decades,  chap.  25. 

An  Act  to  establish  a  Bureau  for  the  Relief  of  Freedmen  and 

Refugees. 

Be  it  enacted  .  .  .,  That  there  is  hereby  established  in  the 
War  Department,  to  continue  during  the  present  war  of  rebel 
lion,  and  for  one  year  thereafter,  a  bureau  of  refugees,  freed 
men,  and  abandoned  lands,  to  which  shall  be  committed,  as 
hereinafter  provided,  the  supervision  and  management  of  all 
abandoned  lands,  and  the  control  of  all  subjects  relating  to  refu 
gees  and  freedmen  from  rebel  states,  or  from  any  district  of 
country  within  the  territory  embraced  in  the  operations  of  the 
army,  under  such  rules  and  regulations  as  may  be  prescribed  by 
the  head  of  the  bureau  and  approved  by  the  President.  The 
said  bureau  shall  be  under  the  management  and  control  of  a 
commissioner  to  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  .  .  .  And  the  commissioner 
and  all  persons  appointed  under  this  act,  shall,  before  entering 
upon  their  duties,  take  the  oath  of  office  prescribed  in  ...  [the 
act  of  July  2,  1862].  .  .  . 

SEC.  2.  And  be  it  further  enacted,  That  the  Secretary  of 
War  may  direct  such  issues  of  provisions,  clothing,  and  fuel,  as 
he  may  deem  needful  for  the  immediate  and  temporary  shelter 
and  supply  of  destitute  and  suffering  refugees  and  freedmen 
and  their  wives  and  children,  under  such  rules  and  regulations 
as  he  may  direct. 

SEC.  3.  And  be  it  further  enacted,  That  the  President  may, 
by  and  with  the  advice  and  consent  of  the  Senate,  appoint  an 
assistant  commissioner  for  each  of  the  states  declared  to  be  in 
insurrection,  not  exceeding  ten  in  number,  who  shall,  under  the 
direction  of  the  commissioner,  aid  in  the  execution  of  the  provi- 


1865]  FREEDMEN'S  BUREAU  131 

sions  of  this  act ; ...  And  any  military  officer  may  be  detailed  and 
assigned  to  duty  under  this  act  without  increase  of  pay  or  allow 
ances.  The  commissioner  shall,  before  the  commencement  of  each 
regular  session  of  congress,  make  full  report  of  his  proceedings  with 
exhibits  of  the  state  of  his  accounts  to  the  President,  who  shall 
communicate  the  same  to  congress,  and  shall  also  make  special 
reports  whenever  required  to  do  so  by  the  President  or  either 
house  of  congress  ;  and  the  assistant  commissioners  shall  make 
quarterly  reports  of  their  proceedings  to  the  commissioner,  and 
also  such  other  special  reports  as  from  time  to  time  may  be 
required. 

SEC.  4.  And  be  it  further  enacted,  That  the  commissioner, 
under  the  direction  of  the  President,  shall  have  authority  to  set 
apart,  for  the  use  of  loyal  refugees  and  freedmen,  such  tracts  of 
land  within  the  insurrectionary  states  as  shall  have  been  aban 
doned,  or  to  which  the  United  States  shall  have  acquired  title 
by  confiscation  or  sale,  or  otherwise,  and  to  every  male  citizen, 
whether  refugee  or  freedman,  as  aforesaid,  there  shall  be 
assigned  not  more  than  forty  acres  of  such  land,  and  the  person 
to  whom  it  was  so  assigned  shall  be  protected  in  the  use  and 
enjoyment  of  the  land  for  the  term  of  three  years  at  an  annual 
rent  not  exceeding  six  per  centum  upon  the  value  of  such  land, 
as  it  was  appraised  by  the  state  authorities  in  the  year  eighteen 
hundred  and  sixty,  for  the  purpose  of  taxation,  and  in  case  no 
such  appraisal  can  be  found,  then  the  rental  shall  be  based  upon 
the  estimated  value  of  the  land  in  said  year,  to  be  ascertained 
in  such  manner  as  the  commissioner  may  by  regulation  prescribe. 
At  the  end  of  said  term,  or  at  any  time  during  said  term,  the  occu 
pants  of  any  parcels  so  assigned  may  purchase  the  land  and  re 
ceive  such  title  thereto  as  the  United  States  can  convey,  upon 
paying  therefor  the  value  of  the  land,  as  ascertained  and  fixed 
for  the  purpose  of  determining  the  annual  rent  aforesaid. 

SEC.  5.  And  be  if  further  enacted,  That  all  acts  and  parts  of 
acts  inconsistent  with  the  provisions  of  this  act,  are  hereby 
repealed. 

APPROVED,  March  3,  1865. 


132  FREEDOM   FOR  SOLDIERS'   FAMILIES  [March  3 

No.  45.     Freedom  for  Soldiers'   Families 

March  3,  1865 

A  BILL  to  secure  the  freedom  of  soldiers'  families  was  introduced  in  the 
Senate,  December  13,  1864,  by  Wilson  of  Massachusetts,  and  passed  that 
body  January  9,  1865,  notwithstanding  strong  opposition,  by  a  vote  of  27  to 
10.  The  vote  in  the  House,  February  22,  on  the  passage  of  the  bill  was  74  to 
63,  45  not  voting. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XIII,  571.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  38th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  The  important  debate  was  in  the  Senate. 

A  Resolution  to  encourage  Enlistments  and  to  promote  the  Effi 
ciency  of  the  military  Forces  of  the  United  States. 

Resolved .  .  .,  That,  for  the  purpose  of  encouraging  enlistments 
and  promoting  the  efficiency  of  the  military  and  naval  forces  of 
the  United  States,  it  is  hereby  enacted  that  the  wife  and  children, 
if  any  he  have,  of  any  person  that  has  been,  or  may  be,  mustered 
into  the  military  or  naval  service  of  the  United  States,  shall, 
from  and  after  the  passage  of  this  act,  be  forever  free,  any  law, 
usage,  or  custom  whatsoever  to  the  contrary  notwithstanding ; 
and  in  determining  who  is  or  was  the  wife  and  who  are  the 
children  of  the  enlisted  person  herein  mentioned,  evidence  that 
he  and  the  woman  claimed  to  be  his  wife  have  cohabited  to 
gether,  or  associated  as  husband  and  wife,  and  so  continued  to 
cohabit  or  associate  at  the  time  of  the  enlistment,  or  evidence 
that  a  form  or  ceremony  of  marriage,  whether  such  marriage 
was  or  was  not  authorized  or  recognized  by  law,  has  been 
entered  into  or  celebrated  by  them,  and  that  the  parties  thereto 
thereafter  lived  together,  or  associated  or  cohabited  as  husband 
and  wife,  and  so  continued  to  live,  cohabit,  or  associate  at  the 
time  of  the  enlistment,  shall  be  deemed  sufficient  proof  of  mar 
riage  for  the  purposes  of  this  act,  and  the  children  born  of  any 
such  marriage  shall  be  deemed  and  taken  to  be  the  children 
embraced  within  the  provisions  of  this  act,  whether  such  marriage 
shall  or  shall  not  have  been  dissolved  at  the  time  of  such  en 
listment. 

APPROVED,  March  3,  1865. 


1 865]  PROCLAMATION   OF  AMNESTY  133 

No.  46.     Proclamation  of  Amnesty 

May  29,  1865 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  758-760.  For  lists  of 
pardons  granted  by  Johnson  see  House  Exec.  Doc.  99,  39th  Cong.,  ist  Sess.; 
ibid.  31  and  116,  39th  Cong.,  2d  Sess.;  ibid.  32,  4Oth  Cong.,  ist  Sess.,  and 
ibid.  16,  40th  Cong.,  2d  Sess. 

BY  THE   PRESIDENT  OF  THE  UNITED   STATES. 
A   PROCLAMATION. 

(After  a  reference  to  the  amnesty  proclamations  of  December  8,  1863,  and 
March  26,  1864,  the  proclamation  grants  amnesty  to  all  persons  who  have  par 
ticipated  in  the  existing  rebellion,  subject  to  the  exceptions  indicated,  and  on 
condition  of  taking  and  subscribing  the  following  oath  :) 

"I,  ,  do  solemnly  swear,  (or  affirm,)  in  presence  of 

Almighty  God,  that  I  will  henceforth  faithfully  support,  protect, 
and  defend  the  Constitution  of  the  United  States,  and  the  union 
of  the  States  thereunder ;  and  that  I  will,  in  like  manner,  abide 
by,  and  faithfully  support  all  laws,  and  proclamations  which 
have  been  made  during  the  existing  rebellion  with  reference  to 
the  emancipation  of  slaves.  So  help  me  God." 

The  following  classes  of  persons  are  excepted  from  the  bene 
fits  of  this  Proclamation  :  — 

ist.  All  who  are  or  shall  have  been  pretended  civil  or  diplo 
matic  officers,  or  otherwise  domestic  or  foreign  agents,  of  the 
pretended  confederate  government ; 

2d.  All  who  left  judicial  stations  under  the  United  States  to 
aid  the  rebellion ; 

3d.  All  who  shall  have  been  military  or  naval  officers  of  said 
pretended  confederate  government  above  the  rank  of  colonel  in 
the  army  or  lieutenant  in  the  navy ; 

4th.  All  who  left  seats  in  the  Congress  of  the  United  States 
to  aid  the  rebellion  ; 

5th.  All  who  resigned  or  tendered  resignations  of  their  com 
missions  in  the  army  or  navy  of  the  United  States  to  evade  duty 
in  resisting  the  rebellion  ; 


134  PROCLAMATION  OF  AMNESTY  [May  29 

6th.  All  who  have  engaged  in  any  way  in  treating  otherwise 
than  lawfully  as  prisoners  of  war  persons  found  in  the  United 
States  service,  as  officers,  soldiers,  seamen,  or  in  other  capacities ; 

yth.  All  persons  who  have  been,  or  are,  absentees  from  the 
United  States  for  the  purpose  of  aiding  the  rebellion  ; 

8th.  All  military  and  naval  officers  in  the  rebel  service,  who 
were  educated  by  the  government  in  the  Military  Academy  at 
West  Point  or  the  United  States  Naval  Academy ; 

9th.  All  persons  who  held  the  pretended  offices  of  governors 
of  states  in  insurrection  against  the  United  States ; 

loth.  All  persons  who  left  their  homes  within  the  jurisdiction 
and  protection  of  the  United  States,  and  passed  beyond  the  fed 
eral  military  lines  into  the  pretended  confederate  states  for  the 
purpose  of  aiding  the  rebellion  ; 

nth.  All  persons  who  have  been  engaged  in  the  destruction 
of  the  commerce  of  the  United  States  upon  the  high  seas,  and  all 
persons  who  have  made  raids  into  the  United  States  from  Can 
ada,  or  been  engaged  in  destroying  the  commerce  of  the  United 
States  upon  the  lakes  and  rivers  that  separate  the  British  Prov 
inces  from  the  United  States  ; 

1 2th.  All  persons  who,  at  the  time  when  they  seek  to  obtain 
the  benefits  hereof  by  taking  the  oath  herein  prescribed,  are  in 
military,  naval,  or  civil  confinement,  or  custody,  or  under  bonds 
of  the  civil,  military,  or  naval  authorities,  or  agents  of  the  United 
States  as  prisoners  of  war,  or  persons  detained  for  offences  of 
any  kind,  either  before  or  after  conviction ; 

1 3th.  All  persons  who  have  voluntarily  participated  in  said 
rebellion,  and  the  estimated  value  of  whose  taxable  property  is 
over  twenty  thousand  dollars  ; 

1 4th.  All  persons  who  have  taken  the  oath  of  amnesty  as  pre 
scribed  in  the  President's  Proclamation  of  December  8th,  A.D., 
1863,  or  an  oath  of  allegiance  to  the  government  of  the  United 
States  since  the  date  of  said  Proclamation,  and  who  have  not 
thenceforward  kept  and  maintained  the  same  inviolate. 

Provided,  That  special  application  may  be  made  to  the  Presi 
dent  for  pardon  by  any  person  belonging  to  the  excepted  classes  ; 


1865]  GOVERNOR  FOR  NORTH  CAROLINA  135 

and  such  clemency  will  be  liberally  extended  as  may  be  con 
sistent  with  the  facts  of  the  case  and  the  peace  and  dignity  of  the 

United  States. 

####### 


No.  47.     Proclamation  appointing  a  Governor 
for  North  Carolina 

May  29,  1865 

THE  appointment  of  military  governors  in  the  States  lately  in  rebellion, 
and  the  reestablishment  of  the  State  governments  under  their  direction,  were 
steps  of  primary  importance  in  the  plan  of  executive  reconstruction  proposed 
by  President  Johnson.  Appointments  similar  to  that  in  North  Carolina  were 
proclaimed  June  13,  for  Mississippi ;  June  17,  for  Georgia  and  Texas;  June  21, 
for  Alabama;  June  30,  for  South  Carolina,  and  July  13,  for  Florida.  An 
executive  order  of  May  9  had  declared  the  authority  of  the  United  States 
reestablished  in  Virginia,  directed  the  various  departments  of  the  national 
government  to  resume  operations  in  that  State,  and  promised  federal  aid  to 
Governor  Pierpont  if  necessary. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIII,  760,  761.  On 
Johnson's  theory  of  reconstruction  in  this  connection  see  his  annual  message 
of  December  4,  1865;  see  also  Cox,  Three  Decades,  chaps.  18,  27-31;  McCall, 
Thaddeus  Stevens,  chap.  14. 

BY  THE   PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A   PROCLAMATION. 

WHEREAS  the  fourth  section  of  the  fourth  article  of  the  Con 
stitution  of  the  United  States  declares  that  the  United  States 
shall  guarantee  to  every  state  in  the  Union  a  republican  form  of 
government,  and  shall  protect  each  of  them  against  invasion  and 
domestic  violence;  and  whereas  the  President  of  the  United 
States  is,  by  the  constitution,  made  commander-in-chief  of  the 
army  and  navy,  as  well  as  chief  civil  executive  officer  of  the 
United  States,  and  is  bound  by  solemn  oath  faithfully  to  execute 
the  office  of  President  of  the  United  States,  and  to  take  care 
that  the  laws  be  faithfully  executed ;  and  whereas  the  rebellion, 


136  GOVERNOR  FOR  NORTH  CAROLINA  [May  29 

which  has  been  waged  by  a  portion  of  the  people  of  the  United 
States  against  the  properly  constituted  authorities  of  the  govern 
ment  thereof,  in  the  most  violent  and  revolting  form,  but  whose 
organized  and  armed  forces  have  now  been  almost  entirely  over 
come,  has,  in  its  revolutionary  progress,  deprived  the  people  of 
the  State  of  North  Carolina  of  all  civil  government ;  and  where 
as  it  becomes  necessary  and  proper  to  carry  out  and  enforce 
the  obligations  of  the  United  States  to  the  people  of  North  Caro 
lina,  in  securing  them  in  the  enjoyment  of  a  republican  form  of 
government : 

Now,  therefore,  in  obedience  to  the  high  and  solemn  duties 
imposed  upon  me  by  the  Constitution  of  the  United  States,  and 
for  the  purpose  of  enabling  the  loyal  people  of  said  state  to  or 
ganize  a  state  government,  whereby  justice  may  be  established, 
domestic  tranquillity  insured,  and  loyal  citizens  protected  in  all 
their  rights  of  life,  liberty,  and  property,  I,  ANDREW  JOHN 
SON,  President  of  the  United  States,  and  commander-in-chief  of 
the  army  and  navy  of  the  United  States,  do  hereby  appoint  William 
W.  Holden  provisional  governor  of  the  State  of  North  Carolina, 
whose  duty  it  shall  be,  at  the  earliest  practicable  period,  to 
prescribe  such  rules  and  regulations  as  may  be  necessary  and 
proper  for  convening  a  convention,  composed  of  delegates  to  be 
chosen  by  that  portion  of  the  people  of  said  state  who  are  loyal 
to  the  United  States,  and  no  others,  for  the  purpose  of  altering 
or  amending  the  constitution  thereof;  and  with  authority  to 
exercise,  within  the  limits  of  said  state,  all  the  powers  necessary 
and  proper  to  enable  such  loyal  people  of  the  State  of  North 
Carolina  to  restore  said  state  to  its  constitutional  relations  to  the 
federal  government,  and  to  present  such  a  republican  form  of 
state  government  as  will  entitle  the  state  to  the  guarantee  of  the 
United  States  therefor,  and  its  people  to  protection  by  the 
United  States  against  invasion,  insurrection,  and  domestic  vio 
lence  ;  Provided  that,  in  any  election  that  may  be  hereafter  held 
for  choosing  delegates  to  any  state  convention  as  aforesaid,  no 
person  shall  be  qualified  as  an  elector,  or  shall  be  eligible  as 
a  member  of  such  convention,  unless  he  shall  have  previously 


1865]  GOVERNOR  FOR  NORTH   CAROLINA  137 

taken  and  subscribed  the  oath  of  amnesty,  as  set  forth  in  the 
President's  Proclamation  of  May  29,  A.D.  1865,  and  is  a  voter 
qualified  as  prescribed  by  the  constitution  and  laws  of  the  State 
of  North  Carolina  in  force  immediately  before  the  2oth  day  of 
May,  A.D.  1861,  the  date  of  the  so-called  ordinance  of  secession; 
and  the  said  convention,  when  convened,  or  the  legislature  that 
may  be  thereafter  assembled,  will  prescribe  the  qualification  of 
electors,  and  the  eligibility  of  persons  to  hold  office  under  the 
constitution  and  laws  of  the  state,  —  a  power  the  people  of  the 
several  states  composing  the  Federal  Union  have  rightfully  exer 
cised  from  the  origin  of  the  government  to  the  present  time. 

And  I  do  hereby  direct  — 

First.  That  the  military  commander  of  the  department,  and 
all  officers  and  persons  in  the  military  or  naval  service,  aid  and 
assist  the  said  provisional  governor  in  carrying  into  effect  this 
Proclamation,  and  they  be  enjoyed  to  abstain  from,  in  any  way, 
hindering,  impeding,  or  discouraging  the  loyal  people  from  the 
organization  of  a  state  government  as  herein  authorized. 

Second.  That  the  Secretary  of  State  proceed  to  put  in  force 
all  laws  of  the  United  States,  the  administration  whereof  belongs 
to  the  State  Department,  applicable  to  the  geographical  limits 
aforesaid. 

Third.  That  the  Secretary  of  the  Treasury  proceed  to  nomi 
nate  for  appointment  assessors  of  taxes,  and  collectors  of  customs 
and  internal  revenue,  and  such  other  officers  of  the  Treasury 
Department  as  are  authorized  by  law,  and  put  in  execution  the 
revenue  laws  of  the  United  States  within  the  geographical  limits 
aforesaid.  In  making  appointments,  the  preference  shall  be 
given  to  qualified  loyal  persons  residing  within  the  districts 
where  their  respective  duties  are  to  be  performed.  But  if  suit 
able  residents  of  the  districts  shall  not  be  found,  then  persons 
residing  in  other  states  or  districts  shall  be  appointed. 

Fourth.  That  the  Postmaster-General  proceed  to  establish 
post-offices  and  post-routes,  and  put  into  execution  the  postal 
laws  of  the  United  States  within  the  said  state,  giving  to  loyal 
residents  the  preference  of  appointment;  but  if  suitable  resi- 


138  THIRTEENTH  AMENDMENT  [Dec.  18 

dents  are  not  found,  then  to  appoint  agents,  &c.,  from  other 
states. 

Fifth.  That  the  district  judge  for  the  judicial  district  in  which 
North  Carolina  is  included  proceed  to  hold  courts  within  said 
state,  in  accordance  with  the  provisions  of  the  act  of  congress. 
The  Attorney-General  will  instruct  the  proper  officers  to  libel, 
and  bring  to  judgment,  confiscation,  and  sale,  property  subject 
to  confiscation,  and  enforce  the  administration  of  justice  within 
said  state  in  all  matters  within  the  cognizance  and  jurisdiction 
of  the  federal  courts. 

Sixth.  That  the  Secretary  of  the  Navy  take  possession  of  all 
public  property  belonging  to  the  Navy  Department  within  said 
geographical  limits,  and  put  in  operation  all  acts  of  congress  in 
relation  to  naval  affairs  having  application  to  the  said  state. 

Seventh.  That  the  Secretary  of  the  Interior  put  in  force  the 
laws  relating  to  the  Interior  Department  applicable  to  the  geo 
graphical  limits  aforesaid. 


No.  48.    Thirteenth  Amendment 

December  18,  1865 

JANUARY  II,  1864,  John  B.  Henderson  of  Missouri  offered  in  the  Senate  a 
joint  resolution  for  an  amendment  to  the  Constitution  providing  that  "  slavery 
or  involuntary  servitude,  except  as  a  punishment  for  crime,  shall  not  exist  in 
the  United  States."  February  8  Sumner  proposed  an  amendment  declaring 
that  "  everywhere  within  the  limits  of  the  United  States,  and  of  each  State  or 
Territory  thereof,  all  persons  are  equal  before  the  law,  so  that  no  person  can 
hold  another  as  a  slave."  Both  of  these  resolutions  were  referred  to  the  Com 
mittee  on  the  Judiciary,  which  reported,  February  10,  a  resolution  proposing 
an  amendment  in  the  terms  of  the  thirteenth  amendment  subsequently  ratified. 
On  the  1 5th  the  House,  by  a  vote  of  78  to  62,  resolved  in  favor  of  an  amend 
ment  abolishing  slavery.  The  joint  resolution  passed  the  Senate,  April  8,  by 
a  vote  of  38  to  6.  The  resolution  was  not  taken  up  in  the  House  until  May  31, 
and  June  15,  by  a  vote  of  95  to  66  (less  than  the  required  two-thirds),  was 
rejected.  January  31,  1865,  the  vote  was  reconsidered  and  the  resolution 
passed,  the  vote  being  121  to  24,  37  not  voting.  The  ratification  of  the 
amendment  by  twenty-seven  States  was  proclaimed  December  18,  1865. 


1865]  INSURRECTION  AT  AN  END  139 

REFERENCES.—  Text  in  Revised  Statutes  of  the  United  States  (ed.  1878), 
30.  For  the  proceedings  in  Congress  see  the  House  and  Senate  Journals, 
38th  Cong.,  ist  and  2d  Sess.,  and  the  Cong.  Globe.  The  principal  proposi 
tions  submitted  are  collected  in  McPherson,  Rebellion,  255-259.  On  the  scope 
of  the  amendment  see  Slaughter  House  Cases,  16  Wallace,  36.  See  also  Cox, 
Three  Decades,  chap.  16;  Nicolay  and  Hay,  Lincoln,  X,  chap.  4. 

ARTICLE  XIII. 

SEC.  i.  Neither  slavery  nor  involuntary  servitude,  save  as 
a  punishment  for  crime  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any  place 
subject  to  their  jurisdiction. 

SEC.  2.  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

No.  49.     Proclamation  declaring  the  Insurrec 
tion  at  an  End 

April  2,  1866 

IN  a  message  to  the  Senate  December  18,  1865,  in  response  to  a  resolution 
of  December  12,  President  Johnson  stated  that  the  rebellion  had  been  sup 
pressed  ;  "  that  the  United  States  are  in  possession  of  every  State  in  which 
the  insurrection  existed,  and  that,  as  far  as  it  could  be  done,  the  courts  of  the 
United  States  have  been  restored,  post-offices  reestablished,  and  steps  taken 
to  put  into  effective  operation  the  revenue  laws  of  the  country."  Various 
executive  orders  in  regard  to  the  blockade,  commercial  intercourse,  habeas 
corpus,  etc.,  preceded  the  proclamation  of  April  2.  A  similar  proclamation 
of  August  20  declared  the  insurrection  in  Texas  at  an  end. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIV,  811-813.  As  to 
when  the  war  ended  see  United  States  v.  Anderson,  9  Wallace,  56,  and  The 
Protector,  12  ibid.,  700. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES. 
A   PROCLAMATION. 

(The  proclamation  recites  the  proclamations  of  April  15  and  19  and  August 
16,  1861,  July  I,  1862,  and  April  2,  1863,  the  resolutions  of  the  House  and 
Senate  July  22  and  25,  1861,  on  the  nature  of  the  war,  and  the  proclamation 
of  June  13,  1865,  declaring  the  insurrection  in  Tennessee  to  have  been  sup 
pressed,  and  continues:) 


140  INSURRECTION  AT  AN  END  [April  2 

And  whereas  there  now  exists  no  organized  armed  resistance 
of  misguided  citizens  or  others  to  the  authority  of  the  United 
States  in  the  States  of  Georgia,  South  Carolina,  Virginia,  North 
Carolina,  Tennessee,  Alabama,  Louisiana,  Arkansas,  Missis 
sippi,  and  Florida,  and  the  laws  can  be  sustained  and  enforced 
therein  by  the  proper  civil  authority,  State  or  Federal,  and  the 
people  of  said  States  are  well  and  loyally  disposed,  and  have 
conformed  or  will  conform  in  their  legislation  to  the  condition 
of  affairs  growing  out  of  the  amendment  to  the  Constitution 
of  the  United  States,  prohibiting  slavery  within  the  limits  and 
jurisdiction  of  the  United  States  ; 

And  whereas,  in  view  of  the  before-recited  premises,  it  is  the 
manifest  determination  of  the  American  people  that  no  State,  of 
its  own  will,  has  the  right  or  the  power  to  go  out  of,  or  separate 
itself  from,  or  be  separated  from  the  American  Union,  and  that 
therefore  each  State  ought  to  remain  and  constitute  an  integral 
part  of  the  United  States  ; 

And  whereas  the  people  of  the  several  before-mentioned 
States  have,  in  the  manner  aforesaid,  given  satisfactory  evidence 
that  they  acquiesce  in  this  sovereign  and  important  resolution 
of  national  unity  ; 

And  whereas  it  is  believed  to  be  a  fundamental  principle  of 
government  that  people  who  have  revolted,  and  who  have  been 
overcome  and  subdued,  must  either  be  dealt  with  so  as  to  induce 
them  voluntarily  to  become  friends,  or  else  they  must  be  held  by 
absolute  military  power,  or  devastated,  so  as  to  prevent  them 
from  ever  again  doing  harm  as  enemies,  which  last-named  policy 
is  abhorrent  to  humanity  and  to  freedom  ; 

And  whereas  the  Constitution  of  the  United  States  provides 
for  constituent  communities  only  as  States,  and  not  as  Territo 
ries,  dependencies,  provinces,  or  protectorates  ; 

And  whereas  such  constituent  States  must  necessarily  be,  and 
by  the  Constitution  and  laws  of  the  United  States  are  made 
equals,  and  placed  upon  a  like  footing  as  to  political  rights,  im 
munities,  dignity,  and  power  with  the  several  States  with  which 
they  are  united ; 


1 866]  FIRST  CIVIL  RIGHTS  ACT  141 

And  whereas  the  observance  of  political  equality  as  a  prin 
ciple  of  right  and  justice  is  well  calculated  to  encourage  the 
people  of  the  aforesaid  States  to  be  and  become  more  and  more 
constant  and  persevering  in  their  renewed  allegiance ; 

And  whereas  standing  armies,  military  occupation,  martial  law, 
military  tribunals,  and  the  suspension  of  the  privilege  of  the 
writ  of  habeas  corpus  are,  in  time  of  peace,  dangerous  to  public 
liberty,  incompatible  with  the  individual  rights  of  the  citizen, 
contrary  to  the  genius  and  spirit  of  our  free  institutions,  and 
exhaustive  of  the  national  resources,  and  ought  not,  therefore, 
to  be  sanctioned  or  allowed,  except  in  cases  of  actual  necessity, 
for  repelling  invasion  or  surpressing  insurrection  or  rebellion ; 

And  whereas  the  policy  of  the  government  of  the  United 
States,  from  the  beginning  of  the  insurrection  to  its  overthrow 
and  final  suppression,  has  been  in  conformity  with  the  principles 
herein  set  forth  and  enumerated  ; 

Now,  therefore,  I,  ANDREW  JOHNSON,  President  of  the 
United  States,  do  hereby  proclaim  and  declare  that  the  insurrec 
tion  which  heretofore  existed  in  the  States  of  Georgia,  South 
Carolina,  Virginia,  North  Carolina,  Tennessee,  Alabama,  Louisi 
ana,  Arkansas,  Mississippi,  and  Florida  is  at  an  end,  and  is 
henceforth  to  be  so  regarded. 


No.  50.     First  Civil  Rights  Act 

April  9,  1866 

A  BILL  "  to  protect  all  persons  in  the  United  States  in  their  civil  rights  and 
furnish  the  means  of  their  vindication  "  was  introduced  in  the  Senate,  January 
5,  1866,  by  Lyman  Trumbull  of  Illinois,  and  referred  to  the  Committee  on 
Judiciary.  Amendments  reported  by  the  committee  were  agreed  to  on  the 
1 2th.  February  I  an  amendment  submitted  by  Trumbull,  regarding  the 
citizenship  of  persons  born  in  the  United  States,  being  the  first  part  of  sec 
tion  I  of  the  act,  was  agreed  to  by  a  vote  of  31  to  10,  but  the  following  day 
an  amendment  striking  out  the  provision  for  the  employment  of  military  force 
was  rejected,  the  vote  being  12  to  24.  The  bill  passed  the  Senate  February  2, 
and  the  House,  with  further  amendments,  March  13,  the  vote  in  the  House 


142  FIRST  CIVIL  RIGHTS  ACT  [April  9 

being  1 1 1  to  38,  34  not  voting.  The  Senate  agreed  to  the  House  amend 
ments.  March  27  President  Johnson  vetoed  the  bill.  The  bill  was  passed 
over  the  veto  by  the  Senate,  after  a  long  discussion,  April  6,  by  a  vote  of  33  to 
15,  and  by  the  House  April  9,  by  a  vote  of  132  to  41,  21  not  voting. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIV,  27-29.  For  the 
proceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  ist  Sess.,  and  the 
Cong.  Globe.  The  text  of  the  Senate  bill  as  reported  by  the  committee  is  in 
the  Globe  for  January  12.  The  veto  message  is  in  the  Globe  and.  the  Journals. 
For  a  report  of  February  19,  1867,  on  violations  of  the  act,  see  Senate  Exec. 
Doc.  29,  39th  Cong.,  2d  Sess.;  for  State  laws  relating  to  freedmen  see  Senate 
Exec.  Doc.  6,  ibid.  See  also  Dunning,  Essays,  91-99. 

An  Act  to  protect  all  Persons  in  the  United  States  in  their  Civil 
Rights •,  and  furnish  the  Means  of  their  Vindication. 

Be  it  enacted  .  .  .,  That  all  persons  born  in  the  United  States 
and  not  subject  to  any  foreign  power,  excluding  Indians  not  taxed, 
are  hereby  declared  to  be  citizens  of  the  United  States  ;  and 
such  citizens,  of  every  race  and  color,  without  regard  to  any 
previous  condition  of  slavery  or  involuntary  servitude,  except  as 
a  punishment  for  crime  whereof  the  party  shall  have  been  duly 
convicted,  shall  have  the  same  right,  in  every  State  and  Terri 
tory  in  the  United  States,  to  make  and  enforce  contracts,  to  sue, 
be  parties,  and  give  evidence,  to  inherit,  purchase,  lease,  sell, 
hold,  and  convey  real  and  personal  property,  and  to  full  and 
equal  benefit  of  all  laws  and  proceedings  for  the  security  of  per 
son  and  property,  as  is  enjoyed  by  white  citizens,  and  shall  be 
subject  to  like  punishment,  pains,  and  penalties,  and  to  none 
other,  any  law,  statute,  ordinance,  regulation,  or  custom,  to  the 
contrary  notwithstanding. 

SEC.  2.  And  be  it  further  enacted,  That  any  person  who, 
under  color  of  any  law,  statute,  ordinance,  regulation,  or  custom, 
shall  subject,  or  cause  to  be  subjected,  any  inhabitant  of  any 
State  or  Territory  to  the  deprivation  of  any  right  secured  or 
protected  by  this  act,  or  to  different  punishment,  pains,  or  penal 
ties  on  account  of  such  person  having  at  any  time  been  held  in  a 
condition  of  slavery  or  involuntary  servitude,  except  as  a  punish 
ment  for  crime  whereof  the  party  shall  have  been  duly  convicted, 


1 866]  FIRST  CIVIL  RIGHTS  ACT  143 

or  by  reason  of  his  color  or  race,  than  is  prescribed  for  the 
punishment  of  white  persons,  shall  be  deemed  guilty  of  a  mis 
demeanor,  and,  on  conviction,  shall  be  punished  by  fine  not 
exceeding  one  thousand  dollars,  or  imprisonment  not  exceeding 
one  year,  or  both,  in  the  discretion  of  the  court. 

SEC.  3.  And  be  it  further  enacted^  That  the  district  courts  of 
the  United  States,  within  their  respective  districts,  shall  have, 
exclusively  of  the  courts  of  the  several  States,  cognizance  of  all 
crimes  and  offences  committed  against  the  provisions  of  this  act, 
and  also,  concurrently  with  the  circuit  courts  of  the  United 
States,  of  all  causes,  civil  and  criminal,  affecting  persons  who  are 
denied  or  cannot  enforce  in  the  courts  or  judicial  tribunals  of 
the  State  or  locality  where  they  may  be  any  of  the  rights 
secured  to  them  by  the  first  section  of  this  act ;  and  if  any  suit 
or  prosecution,  civil  or  criminal,  has  been  or  shall  be  com 
menced  in  any  State  court,  against  any  such  person,  for  any 
cause  whatsoever,  or  against  any  officer,  civil  or  military,  or 
other  person,  for  any  arrest  or  imprisonment,  trespasses,  or 
wrongs  done  or  committed  by  virtue  or  under  color  of  authority 
derived  from  this  act  or  the  act  establishing  a  Bureau  for  the 
relief  of  Freedmen  and  Refugees,  and  all  acts  amendatory 
thereof,  or  for  refusing  to  do  any  act  upon  the  ground  that  it 
would  be  inconsistent  with  this  act,  such  defendant  shall  have 
the  right  to  remove  such  cause  for  trial  to  the  proper  district  or 
circuit  court  in  the  manner  prescribed  by  the  "  Act  relating  to 
habeas  corpus  and  regulating  judicial  proceedings  in  certain 
cases,"  approved  March  three,  eighteen  hundred  and  sixty-three, 
and  all  acts  amendatory  thereof.  The  jurisdiction  in  civil  and 
criminal  matters  hereby  conferred  on  the  district  and  circuit 
courts  of  the  United  States  shall  be  exercised  and  enforced  in 
conformity  with  the  laws  of  the  United  States,  so  far  as  such 
laws  are  suitable  to  carry  the  same  into  effect ;  but  in  all  cases 
where  such  laws  are  not  adapted  to  the  object,  or  are  deficient 
in  the  provisions  necessary  to  furnish  suitable  remedies  and 
punish  offences  against  law,  the  common  law,  as  modified  and 
changed  by  the  constitution  and  statutes  of  the  State  wherein 


144  FIRST  CIVIL   RIGHTS  ACT  [April  9 

the  court  having  jurisdiction  of  the  cause,  civil  or  criminal,  is 
held,  so  far  as  the  same  is  not  inconsistent  with  the  Constitution 
and  laws  of  the  United  States,  shall  be  extended  to  and  govern 
said  courts  in  the  trial  and  disposition  of  such  cause,  and,  if  of 
a  criminal  nature,  in  the  infliction  of  punishment  on  the  party 
found  guilty. 

SEC.  4.  And  be  it  further  enacted.  That  the  district  attor 
neys,  marshals,  and  deputy  marshals  of  the  United  States,  the 
commissioners  appointed  by  the  circuit  and  territorial  courts 
of  the  United  States,  with  powers  of  arresting,  imprisoning,  or 
bailing  offenders  against  the  laws  of  the  United  States,  the 
officers  and  agents  of  the  Freedmen's  Bureau,  and  every  other 
officer  who  may  be  specially  empowered  by  the  President  of 
the  United  States,  shall  be,  and  they  are  hereby,  specially 
authorized  and  required,  at  the  expense  of  the  United  States,  to 
institute  proceedings  against  all  and  every  person  who  shall 
violate  the  provisions  of  this  act,  and  cause  him  or  them  to  be 
arrested  and  imprisoned,  or  bailed,  as  the  case  may  be,  for  trial 
before  such  court  of  the  United  States  or  territorial  court  as  by 
this  act  has  cognizance  of  the  offence.  And  with  a  view  to 
affording  reasonable  protection  to  all  persons  in  their  constitu 
tional  rights  of  equality  before  the  law,  without  distinction  of 
race  or  color,  or  previous  condition  of  slavery  or  involuntary 
servitude,  except  as  a  punishment  for  crime,  whereof  the  party 
shall  have  been  duly  convicted,  and  to  the  prompt  discharge  of 
the  duties  of  this  act,  it  shall  be  the  duty  of  the  circuit  courts  of 
the  United  States  and  the  superior  courts  of  the  Territories 
of  the  United  States,  from  time  to  time,  to  increase  the  number 
of  commissioners,  so  as  to  afford  a  speedy  and  convenient  means 
for  the  arrest  and  examination  of  persons  charged  with  a  viola 
tion  of  this  act ;  and  such  commissioners  are  hereby  authorized 
and  required  to  exercise  and  discharge  all  the  powers  and  duties 
conferred  on  them  by  this  act,  and  the  same  duties  with  regard 
to  offences  created  by  this  act,  as  they  are  authorized  by  law  to 
exercise  with  regard  to  other  offences  against  the  laws  of  the 
United  States. 


1 866]  FIRST  CIVIL   RIGHTS  ACT  145 

SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
all  marshals  and  deputy  marshals  to  obey  and  execute  all  war 
rants  and  precepts  issued  under  the  provisions  of  this  act,  when 
to  them  directed;  and  should  any  marshal  or  deputy  marshal 
refuse  to  receive  such  warrant  or  other  process  when  tendered, 
or  to  use  all  proper  means  diligently  to  execute  the  same,  he 
shall,  on  conviction  thereof,  be  fined  in  the  sum  of  one  thou 
sand  dollars,  to  the  use  of  the  person  upon  whom  the  accused 
is  alleged  to  have  committed  the  offence.  And  the  better  to 
enable  the  said  commissioners  to  execute  their  duties  faithfully 
and  efficiently,  in  conformity  with  the  Constitution  of  the  United 
States  and  the  requirements  of  this  act,  they  are  hereby  author 
ized  and  empowered,  within  their  counties  respectively,  to 
appoint,  in  writing,  under  their  hands,  any  one  or  more  suitable 
persons,  from  time  to  time,  to  execute  all  such  warrants  and 
other  process  as  may  be  issued  by  them  in  the  lawful  perform 
ance  of  their  respective  duties ;  and  the  persons  so  appointed 
to  execute  any  warrant  or  process  as  aforesaid  shall  have 
authority  to  summon  and  call  to  their  aid  the  bystanders  or 
posse  comitatus  of  the  proper  county,  or  such  portion  of  the 
land  or  naval  forces  of  the  United  States,  or  of  the  militia,  as 
may  be  necessary  to  the  performance  of  the  duty  with  which 
they  are  charged,  and  to  insure  a  faithful  observance  of  the 
clause  of  the  Constitution  which  prohibits  slavery,  in  conformity 
with  the  provisions  of  this  act ;  and  said  warrants  shall  run  and 
be  executed  by  said  officers  anywhere  in  the  State  or  Territory 
within  which  they  are  issued. 

SEC.  6.  And  be  it  further  enacted,  That  any  person  who  shall 
knowingly  and  wilfully  obstruct,  hinder,  or  prevent  any  officer, 
or  other  person  charged  with  the  execution  of  any  warrant  or 
process  issued  under  the  provisions  of  tjiis  act,  or  any  person  or 
persons  lawfully  assisting  him  or  them,  from  arresting  any 
person  for  whose  apprehension  such  warrant  or  process  may 
have  been  issued,  or  shall  rescue  or  attempt  to  rescue  such  per 
son  from  the  custody  of  the  officer,  other  person  or  persons,  or 
those  lawfully  assisting  as  aforesaid,  when  so  arrested  pursuant 


146  FIRST  CIVIL  RIGHTS  ACT  [April  9 

to  the  authority  herein  given  and  declared,  or  shall  aid,  abet,  or 
assist  any  person  so  arrested  as  aforesaid,  directly  or  indirectly, 
to  escape  from  the  custody  of  the  officer  or  other  person  legally 
authorized  as  aforesaid,  or  shall  harbor  or  conceal  any  person 
for  whose  arrest  a  warrant  or  process  shall  have  been  issued  as 
aforesaid,  so  as  to  prevent  his  discovery  and  arrest  after  notice 
or  knowledge  of  the  fact  that  a  warrant  has  been  issued  for  the 
apprehension  of  such  person,  shall,  for  either  of  said  offences, 
be  subject  to  a  fine  not  exceeding  one  thousand  dollars,  and 
imprisonment  not  exceeding  six  months,  by  indictment  and 
conviction  before  the  district  court  of  the  United  States  for  the 
district  in  which  said  offence  may  have  been  committed,  or 
before  the  proper  court  of  criminal  jurisdiction,  if  committed 
within  any  one  of  the  organized  Territories  of  the  United  States. 

SEC.  7.    [Fees  of  district  attorneys,  marshals,  &c.] 

SEC.  8.  And  be  it  further  enacted,  That  whenever  the  Presi 
dent  of  the  United  States  shall  have  reason  to  believe  that 
offences  have  been  or  are  likely  to  be  committed  against  the 
provisions  of  this  act  within  any  judicial  district,  it  shall  be  law 
ful  for  him,  in  his  discretion,  to  direct  the  judge,  marshal,  and 
district  attorney  of  such  district  to  attend  at  such  place  within 
the  district,  and  for  such  time  as  he  may  designate,  for  the  pur 
pose  of  the  more  speedy  arrest  and  trial  of  persons  charged 
with  a  violation  of  this  act ;  and  it  shall  be  the  duty  of  every 
judge  or  other  officer,  when  any  such  requisition  shall  be  re 
ceived  by  him,  to  attend  at  the  place  and  for  the  time  therein 
designated. 

SEC.  9.  And  be  it  further  enacted,  That  it  shall  be  lawful  for 
the  President  of  the  United  States,  or  such  person  as  he  may 
empower  for  that  purpose,  to  employ  such  part  of  the  land  or 
naval  forces  of  the  United  States,  or  of  the  militia,  as  shall  be 
necessary  to  prevent  the  violation  and  enforce  the  due  execution 
of  this  act. 

SEC.  10.  And  be  it  further  enacted,  That  upon  all  questions  of 
law  arising  in  any  cause  under  the  provisions  of  this  act  a  final 
appeal  may  be  taken  to  the  Supreme  Court  of  the  United  States. 


1 866]        SUPPLEMENTARY  FREEDMEN'S  BUREAU  ACT  147 

No.  5 1 .     Supplementary  Freedmen's  Bureau  Act 

July  16,  1866 

A  BILL  to  continue  in  force  and  amend  the  act  of  March  3, 1865,  establish 
ing  a  freedmen's  bureau,  and  enlarging  the  scope  of  that  act,  was  vetoed  by 
President  Johnson  February  19,  1866.  An  attempt  to  pass  the  bill  over  the 
veto  failed  in  the  Senate.  A  bill  of  similar  purport,  but  aiming  to  avoid  the 
objections  urged  against  the  earlier  act,  was  reported  in  the  House,  May  22, 
by  Eliot  of  Massachusetts,  from  the  Committee  on  Freedmen,  and  passed  that 
body  on  the  29th  by  a  vote  of  96  to  32,  55  not  voting.  The  Senate  passed 
the  bill  with  amendments  June  26,  without  a  division.  The  House  disagreed 
to  the  Senate  amendments,  and  the  bill  received  its  final  form  from  a  confer 
ence  committee.  July  16  President  Johnson  vetoed  the  bill.  The  bill  was 
passed  over  the  veto  the  same  day,  in  the  Senate  by  a  vote  of  33  to  12,  in  the 
House  by  a  vote  of  103  to  33,  46  not  voting.  An  act  of  July  6,  1868,  con 
tinued  the  bureau  until  July  16,  1869,  but  an  act  of  July  25,  1868,  provided 
for  its  discontinuance  after  January  I,  1869. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XIV,  173-177.  For  the 
proceedings  on  both  bills  see  the  House  and  Senate  Journals,  39th  Cong.,  1st 
Sess.,  and  the  Cong.  Globe.  The  bill  introduced  by  Eliot,  May  22,  is  com 
pared  with  the  vetoed  bill  in  the  Globe  for  May  23.  On  the  work  of  the  bureau 
see  House  Exec.  Docs.  120-123,  39th  Cong.,  1st  Sess.,  and  ibid.  7,  39th  Cong., 
2d  Sess.;  Senate  Exec.  Doc.  27,  39th  Cong.,  ist  Sess. 

An  Act  to  continue  in  force  and  to  amend  "  An  Act  to  establish  a 
Bureau  for  the  Relief  of  Freedmen  and  Refugees"  and  for 
other  Purposes. 

Be  it  enacted .  .  .,  That  the  act  to  establish  a  bureau  for  the 
relief  of  freedmen  and  refugees,  approved  March  third,  eighteen 
hundred  and  sixty-five,  shall  continue  in  force  for  the  term  of 
two  years  from  and  after  the  passage  of  this  act. 

SEC.  2.  And  be  it  further  enacted,  That  the  supervision  and 
care  of  said  bureau  shall  extend  to  all  loyal  refugees  and 
freedmen,  so  far  as  the  same  shall  be  necessary  to  enable  them 
as  speedily  as  practicable  to  become  self-supporting  citizens 
of  the  United  States,  and  to  aid  them  in  making  the  freedom 
conferred  by  proclamation  of  the  commander-in-chief,  by  eman 
cipation  under  the  laws  of  States,  and  by  constitutional  amend 
ment,  available  to  them  and  beneficial  to  the  republic. 


148          SUPPLEMENTARY  FREEDMEN'S  BUREAU  ACT    [July  16 

SEC.  3.  And  be  it  further  enacted.  That  the  President  shall, 
by  and  with  the  advice  and  consent  of  the  Senate,  appoint  two 
assistant  commissioners,  in  addition  to  those  authorized  by  the 
act  to  which  this  is  an  amendment, .  .  .  and  each  of  the  assistant 
commissioners  of  the  bureau  shall  have  charge  of  one  district 
containing  such  refugees  or  freedmen,  to  be  assigned  him  by 
the  commissioner  with  the  approval  of  the  President.  And  the 
commissioner  shall,  under  the  direction  of  the  President,  and  so 
far  as  the  same  shall  be,  in  his  judgment,  necessary  for  the 
efficient  and  economical  administration  of  the  affairs  of  the 
bureau,  appoint  such  agents,  clerks,  and  assistants  as  may  be 
required  for  the  proper  conduct  of  the  bureau.  Military  officers 
or  enlisted  men  may  be  detailed  for  service  and  assigned  to 
duty  under  this  act;  and  the  President  may,  if  in  his  judgment 
safe  and  judicious  so  to  do,  detail  from  the  army  all  the  officers 
and  agents  of  this  bureau;  but  no  officer  so  assigned  shall 
have  increase  of  pay  or  allowances.  .  .  .  And  it  shall  be  the 
duty  of  the  commissioner,  when  it  can  be  done  consistently  with 
public  interest,  to  appoint,  as  assistant  commissioners,  agents, 
and  clerks,  such  men  as  have  proved  their  loyalty  by  faithful 
service  in  the  armies  of  the  Union  during  the  rebellion.  And 
all  persons  appointed  to  service  under  this  act  and  the  act  to 
which  this  is  an  amendment,  shall  be  so  far  deemed  in  the  mili 
tary  service  of  the  United  States  as  to  be  under  the  military 
jurisdiction,  and  entitled  to  the  military  protection  of  the  govern 
ment  while  in  discharge  of  the  duties  of  their  office. 

SEC.  4.  [Officers  of  veteran  reserve  corps  now  in  the  bureau 
may  be  retained.] 

SEC.  5.  And  be  it  further  enacted,  That  the  second  section 
of  the  act  to  which  this  is  an  amendment  shall  be  deemed  to 
authorize  the  Secretary  of  War  to  issue  such  medical  stores 
or  other  supplies  and  transportation,  and  afford  such  medical 
or  other  aid  as  here  may  be  needful  for  the  purposes  named  in 
said  section :  Provided,  That  no  person  shall  be  deemed  "  des 
titute,"  "  suffering,"  or  "  dependent  upon  the  government  for 
support,"  within  the  meaning  of  this  act,  who  is  able  to  find 


1866]         SUPPLEMENTARY  FREEDMEN'S   BUREAU  ACT          149 

employment,  and  could,  by  proper  industry  or  exertion,  avoid 
such  destitution,  suffering,  or  dependence. 

[Sections  6-n  relate  to  the  disposition  of  certain  lands  in 
South  Carolina  and  Georgia.] 

SEC.  12.  And  be  it  further  enacted ',  That  the  commissioner 
shall  have  power  to  seize,  hold,  use,  lease,  or  sell  all  buildings 
and  tenements,  and  any  lands  appertaining  to  the  same,  or 
otherwise,  formerly  held  under  color  of  title  by  the  late  so- 
called  confederate  states,  and  not  heretofore  disposed  of  by  the 
United  States,  and  any  buildings  or  lands  held  in  trust  for 
the  same  by  any  person  or  persons,  and  to  use  the  same  or 
appropriate  the  proceeds  derived  therefrom  to  the  education  of 
the  freed  people ;  and  whenever  the  bureau  shall  cease  to  exist, 
such  of  said  so-called  confederate  states  as  shall  have  made 
provision  for  the  education  of  their  citizens  without  distinction 
of  color  shall  receive  the  sum  remaining  unexpended  of  such 
sales  or  rentals,  which  shall  be  distributed  among  said  states 
for  educational  purposes  in  proportion  to  their  population. 

SEC.  13.  And  be  it  further  enacted.  That  the  commissioner  of 
this  bureau  shall  at  all  times  co-operate  with  private  benevo 
lent  associations  of  citizens  in  aid  of  freedmen,  and  with  agents 
and  teachers,  duly  accredited  and  appointed  by  them,  and  shall 
hire  or  provide  by  lease  buildings  for  purposes  of  education 
whenever  such  association  shall,  without  cost  to  the  government, 
provide  suitable  teachers  and  means  of  instruction;  and  he 
shall  furnish  such  protection  as  may  be  required  for  the  safe 
conduct  of  such  schools. 

SEC.  14.  And  be  it  further  enacted,  That  in  every  State  or 
district  where  the  ordinary  course  of  judicial  proceedings  has 
been  interrupted  by  the  rebellion,  and  until  the  same  shall  be 
fully  restored,  and  in  every  State  or  district  whose  constitutional 
relations  to  the  government  have  been  practically  discontinued 
by  the  rebellion,  and  until  such  State  shall  have  been  restored 
in  such  relations,  and  shall  be  duly  represented  in  the  Congress 
of  the  United  States,  the  right  to  make  and  enforce  contracts, 
to  sue,  be  parties,  and  give  evidence,  to  inherit,  purchase,  lease, 


150          SUPPLEMENTARY  FREEDMEN'S  BUREAU  ACT     [July  1 6 

sell,  hold,  and  convey  real  and  personal  property,  and  to  have 
full  and  equal  benefit  of  all  laws  and  proceedings  concerning 
personal  liberty,  personal  security,  and  the  acquisition,  enjoy 
ment,  and  disposition  of  estate,  real  and  personal,  including  the 
constitutional  right  to  bear  arms,  shall  be  secured  to  and 
enjoyed  by  all  the  citizens  of  such  State  or  district  without 
respect  to  race  or  color,  or  previous  condition  of  slavery.  And 
whenever  in  either  of  said  States  or  districts  the  ordinary  course 
of  judicial  proceedings  has  been  interrupted  by  the  rebellion, 
and  until  the  same  shall  be  fully  restored,  and  until  such  State 
shall  have  been  restored  in  its  constitutional  relations  to  the 
government,  and  shall  be  duly  represented  in  the  Congress  of 
the  United  States,  the  President  shall,  through  the  commissioner 
and  the  officers  of  the  bureau,  and  under  such  rules  and  regula 
tions  as  the  President,  through  the  Secretary  of  War,  shall  pre 
scribe,  extend  military  protection  and  have  military  jurisdiction 
over  all  cases  and  questions  concerning  the  free  enjoyment  of 
such  immunities  and  rights,  and  no  penalty  or  punishment  for 
any  violation  of  law  shall  be  imposed  or  permitted  because  of 
race  or  color,  or  previous  condition  of  slavery,  other  or  greater 
than  the  penalty  or  punishment  to  which  white  persons  may  be 
liable  by  law  for  the  like  offence.  But  the  jurisdiction  conferred 
by  this  section  upon  the  officers  of  the  bureau  shall  not  exist  in 
any  State  where  the  ordinary  course  of  judicial  proceedings  has 
not  been  interrupted  by  the  rebellion,  and  shall  cease  in  every 
State  when  the  courts  of  the  State  and  the  United  States  are 
not  disturbed  in  the  peaceable  course  of  justice,  and  after  such 
State  shall  be  fully  restored  in  its  constitutional  relations  to  the 
government,  and  shall  be  duly  represented  in  the  Congress  of 
the  United  States. 

SEC.  15.  And  be  it  further  enacted,  That  all  officers,  agents, 
and  employe's  of  this  bureau,  before  entering  upon  the  duties  of 
their  office  shall  take  the  oath  prescribed  in  the  first  section  of  the 
act  to  which  this  is  an  amendment;  and  all  acts  or  parts  of  acts 
inconsistent  with  the  provisions  of  this  act  are  hereby  repealed. 


1 866]  RESTORATION  OF  TENNESSEE  151 

No.   52.     Restoration  of  Tennessee 

July  24,  1866 

A  BILL  to  restore  Tennessee,  accompanied  by  certain  testimony  and  other 
papers,  was  reported  in  the  House,  March  5,  1866,  by  Bingham  of  Ohio,  from 
the  Joint  Select  Committee  on  Reconstruction,  and  recommitted.  It  was  taken 
up  July  19,  and  agreed  to  on  the  2Oth,  the  vote  on  the  preamble  being  86  to 
48,  48  not  voting,  and  on  the  resolution  126  to  12,  45  not  voting.  In  the 
Senate  an  amendment  proposed  by  Sumner,  providing  that  there  should  be 
no  denial  of  equal  legal  rights  on  account  of  race  or  color,  was  rejected,  4  to 
34,  and  an  amended  preamble  agreed  to,  the  latter  vote  being  23  to  20.  The 
amendments  to  the  resolution  were  agreed  to  by  the  House,  July  23,  without  a 
division,  and  the  amendment  to  the  preamble  by  a  vote  of  93  to  26,  62  not 
voting. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XIV,  364.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  ist  Sess.,  and  the 
Cong.  Globe.  The  majority  and  minority  reports  of  March  5  and  6  are  House 
Reports  29  and  30.  In  the  history  of  the  act  the  evolution  of  the  preamble  is 
particularly  important. 

Joint  Resolution  restoring  Tennessee  to  her  Relations  to  the  Union. 

WHEREAS,  in  the  year  eighteen  hundred  and  sixty-one,  the 
government  of  the  State  of  Tennessee  was  seized  upon  and  taken 
possession  of  by  persons  in  hostility  to  the  United  States,  and 
the  inhabitants  of  said  State  in  pursuance  of  an  act  of  Congress 
were  declared  to  be  in  a  state  of  insurrection  against  the  United 
States ;  and  whereas  said  State  government  can  only  be  restored 
to  its  former  political  relations  in  the  Union  by  the  consent  of 
the  law-making  power  of  the  United  States  ;  and  whereas  the 
people  of  said  State  did,  on  the  twenty-second  day  of  February, 
eighteen  hundred  and  sixty-five,  by  a  large  popular  vote,  adopt 
and  ratify  a  constitution  of  government  whereby  slavery  was 
abolished,  and  all  ordinances  and  laws  of  secession  and  debts 
contracted  under  the  same  were  declared  void ;  and  whereas 
a  State  government  has  been  organized  under  said  constitution 
which  has  ratified  the  amendment  to  the  Constitution  of  the 
United  States  abolishing  slavery,  also  the  amendment  proposed 
by  the  thirty-ninth  Congress,  and  has  done  other  acts  proclaim 
ing  and  denoting  loyalty  ;  Therefore, 


I $2  ELECTION  OF  SENATORS  [July  25 

Be  it  resolved  .  .  .,  That  the  State  of  Tennessee  is  hereby 
restored  to  her  former  proper,  practical  relations  to  the  Union, 
and  is  again  entitled  to  be  represented  by  senators  and  repre 
sentatives  in  Congress. 

APPROVED,  July  24,  1866. 


No.   53.     Election  of  Senators 

July  25,  1 866 

A  BILL  to  regulate  senatorial  elections  was  reported  in  the  Senate,  July  9, 
1866,  by  Daniel  Clark  of  New  Hampshire,  from  the  Committee  on  the  Judiciary, 
to  whom  a  resolution  on  the  subject  had  been  referred.  The  bill  passed  the 
Senate  on  the  nth  by  a  vote  of  25  to  n,  and  the  House  on  the  25th  without 
a  division.  A  motion  to  lay  the  bill  on  the  table  in  the  House  was  lost,  the 
vote  being  22  to  89. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XIV,  243,  244.  For  the 
proceedings  see  the  House  and  Senate  Jottrnals,  39th  Cong.,  1st  Sess.,  and 
the  Cong.  Globe.  There  was  no  discussion  in  the  House. 

An  Act  to  regulate  the  Times  and  Manner  of  holding  Elections  for 
Senators  in  Congress. 

Be  it  enacted  .  .  .,  That  the  legislature  of  each  State  which 
shall  be  chosen  next  preceding  the  expiration  of  the  time  for 
which  any  senator  was  elected  to  represent  said  State  in  Con 
gress,  shall,  on  the  second  Tuesday  after  the  meeting  and  or 
ganization  thereof,  proceed  to  elect  a  senator  in  Congress,  in 
the  place  of  such  senator  so  going  out  of  office,  in  the  following 
manner :  Each  house  shall  openly,  by  a  viva  voce  \yote\  of 
each  member  present,  name  one  person  for  senator  in  Congress 
from  said  State,  and  the  name  of  the  person  so  voted  for,  who  shall 
have  a  majority  of  the  whole  number  of  votes  cast  in  each  house 
shall  be  entered  on  the  journal  of  each  house  by  the  clerk  or 
secretary  thereof;  but  if  either  house  shall  fail  to  give  such 
majority  to  any  person  on  said  day,  that  fact  shall  be  entered 


1 866]  ELECTION  OF  SENATORS  153 

on  the  journal.  At  twelve  o'clock,  meridian,  of  the  day  following 
that  on  which  proceedings  are  required  to  take  place,  as  afore 
said,  the  members  of  the  two  houses  shall  convene  in  joint 
assembly  and  the  journal  of  each  house  shall  then  be  read,  and 
if  the  same  person  shall  have  received  a  majority  of  all  the  votes 
in  each  house,  such  person  shall  be  declared  duly  elected  sena 
tor  to  represent  said  State  in  the  Congress  of  the  United  States  ; 
but  if  the  same  person  shall  not  have  received  a  majority  of  the 
votes  in  each  house,  or  if  either  house  shall  have  failed  to  take 
proceedings  as  required  by  this  act,  the  joint  assembly  shall 
then  proceed  to  choose,  by  a  viva  voce  vote  of  each  member  present 
a  person  for  the  purpose  aforesaid,  and  the  person  having  a 
majority  of  all  the  votes  of  the  said  joint  assembly,  a  majority  of 
all  the  members  elected  to  both  houses  being  present  and  voting, 
shall  be  declared  duly  elected ;  and  in  case  no  person  shall 
receive  such  majority  on  the  first  day,  the  joint  assembly  shall 
meet  at  twelve  o'clock,  meridian,  of  each  succeeding  day  during 
the  session  of  the  legislature,  and  take  at  least  one  vote  until  a 
senator  shall  be  elected. 

SEC.  2.  And  be  it  further  enacted,  That  whenever,  on  the 
meeting  of  the  legislature  of  any  State,  a  vacancy  shall  exist  in 
the  representation  of  such  State  in  the  senate  of  the  United 
States,  said  legislature  shall  proceed,  on  the  second  Tuesday 
after  the  commencement  and  organization  of  its  session,  to 
elect  a  person  to  fill  such  vacancy,  in  the  manner  hereinbefore 
provided  for  the  election  of  a  senator  for  a  full  term ;  and  if  a 
vacancy  shall  happen  during  the  session  of  the  legislature,  then 
on  the  second  Tuesday  after  the  legislature  shall  have  been 
organized  and  shall  have  notice  of  such  vacancy. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  governor  of  the  State  from  which  any  senator  shall  have 
been  chosen  as  aforesaid  to  certify  his  election,  under  the  seal 
of  the  State,  to  the  President  of  the  senate  of  the  United  States, 
which  certificate  shall  be  countersigned  by  the  secretary  of 
state  of  the  State. 

APPROVED,  July  25,  1866. 


1 54         FRANCHISE   IN  THE  DISTRICT  OF  COLUMBIA      [Jan.  8 

No.   54.    Franchise  in  the  District  of  Columbia 

January  8,  1867 

A  BILL  to  regulate  the  elective  franchise  in  the  District  of  Columbia  was 
introduced  in  the  Senate,  December  4,  1865,  by  Wade  of  Ohio,  and  reported 
with  amendments  on  the  2Oth.  January  10,  1866,  the  bill  was  recommitted, 
and  on  the  I2th  again  reported  with  an  amendment.  It  was  not  taken  up 
until  June  28,  when  further  consideration  was  postponed  until  December. 
The  bill  was  taken  up  December  10,  and  on  the  I3th  passed  the  Senate,  the 
vote  being  32  to  13.  On  the  I4th  the  bill  passed  the  House  by  a  vote  of  127 
to  46,  1 8  not  voting.  January  7,  1867,  President  Johnson  vetoed  the  bill. 
The  bill  was  passed  over  the  veto  by  the  Senate  on  the  7th,  by  a  vote  of  29  to 
10,  and  by  the  House  on  the  8th,  by  a  vote  of  1 12  to  38,  41  not  voting. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIV,  375,  376.  For  the 
proceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  A  minority  report  in  the  House,  December  19,  1865,  is  House 
Report  2  y  39th  Cong.,  ist  Sess. 

AN  ACT  to  regulate  the  elective  franchise  in  the  District  of 

Columbia. 

Be  it  enacted .  .  .,  That,  from  and  after  the  passage  of  this 
act,  each  and  every  male  person,  excepting  paupers  and  persons 
under  guardianship,  of  the  age  of  twenty-one  years  and  upwards, 
who  has  not  been  convicted  of  any  infamous  crime  or  offence, 
and  excepting  persons  who  may  have  voluntarily  given  aid  and 
comfort  to  the  rebels  in  the  late  rebellion,  and  who  shall  have 
been  born  or  naturalized  in  the  United  States,  and  who  shall 
have  resided  in  the  said  District  for  the  period  of  one  year,  and 
three  months  in  the  ward  or  election  precinct  in  which  he  shall 
offer  to  vote  next  preceding  any  election  therein,  shall  be  en 
titled  to  the  elective  franchise,  and  shall  be  deemed  an  elector 
and  entitled  to  vote  at  any  election  in  said  District,  without  any 
distinction  on  account  of  color  or  race. 

SEC.  2.  And  be  it  further  enacted,  That  any  person  whose 
duty  it  shall  be  to  receive  votes  at  any  election  within  the 
District  of  Columbia,  who  shall  wilfully  refuse  to  receive,  or  who 
shall  wilfully  reject,  the  vote  of  any  person  entitled  to  such 
right  under  this  act,  shall  be  liable  to  an  action  of  tort  by  the 


186;]        ELECTIVE  FRANCHISE  IN  THE  TERRITORIES          155 

person  injured,  and  shall  be  liable,  on  indictment  and  conviction, 
if  such  act  was  done  knowingly,  to  a  fine  not  exceeding  five 
thousand  dollars,  or  to  imprisonment  for  a  term  not  exceeding 
one  year  in  the  jail  of  said  District,  or  to  both. 

SEC.  3.  And  be  it  further  enacted,  That  if  any  person  or  per 
sons  shall  wilfully  interrupt  or  disturb  any  such  elector  in  the 
exercise  of  such  franchise,  he  or  they  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  on  conviction  thereof,  shall  be  fined  in  any 
sum  not  to  exceed  one  thousand  dollars,  or  be  imprisoned  in  the 
jail  in  said  District  for  a  period  not  to  exceed  thirty  days,  or 
both,  at  the  discretion  of  the  court. 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  several  courts  having  criminal  jurisdiction  in  said  District 
to  give  this  act  in  special  charge  to  the  grand  jury  at  the  com 
mencement  of  each  term  of  the  court  next  preceding  the  holding 
of  any  general  or  city  election  in  said  District. 

[The  remaining  sections  relate  tp  the  use  of  a  check-list,  pun 
ishment  of  bribery  or  intimidation,  &c.] 


No.  55.      Elective  Franchise  in  the  Territories 

January  31,  1867 

A  BILL  to  amend  the  organic  acts  of  the  several  Territories  was  introduced 
in  the  House,  April  24,  1866,  by  James  M.  Ashley  of  Ohio,  and  referred  to  the 
Committee  on  Territories.  The  bill  was  reported  without  amendment  on  the 
26th,  recommitted,  and  again  reported  May  3.  A  substitute  offered  by  Ashley 
May  15,  the  ninth  section  of  which  prohibited  the  denial  of  the  elective  fran 
chise  on  account  of  race  or  color,  was  agreed  to  by  a  vote  of  79  to  43,  61  not 
voting,  a  motion  to  strike  out  the  ninth  section  being  defeated  by  a  vote  of 
36  to  76,  72  not  voting.  The  bill  was  reported  with  amendments  in  the  Senate 
May  31,  but  went  over  until  the  next  session.  January  10,  1867,  a  substitute 
in  the  words  of  the  act  following,  offered  by  Wade  of  Ohio,  was  agreed  to. 
The  Senate  amendment  was  accepted  by  the  House  by  a  vote  of  104  to  38, 
49  not  voting.  The  bill  became  a  law  without  the  President's  approval. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIV,  379.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  1st  and  2d  Sess., 
and  the  Cong.  Globe.  An  abstract  of  the  House  bill  of  May  3  is  in  the  Globe 
for  that  date  ;  Ashley's  substitute,  ibid.,  May  15. 


156  FIRST   RECONSTRUCTION  ACT  [March  2 

An  Act  to  regulate  the  elective  Franchise  in  the  Territories  of  the 
United  States. 

Be  it  enacted  .  .  .,  That  from  and  after  the  passage  of  this  act, 
there  shall  be  no  denial  of  the  elective  franchise  in  any  of  the 
Territories  of  the  United  States,  now,  or  hereafter  to  be  organ 
ized,  to  any  citizen  thereof,  on  account  of  race,  color,  or  pre 
vious  condition  of  servitude ;  and  all  acts  or  parts  of  acts,  either 
of  Congress  or  the  Legislative  Assemblies  of  said  Territories, 
inconsistent  with  the  provisions  of  this  act  are  hereby  declared 
null  and  void. 


No.   56.     First  Reconstruction  Act 

March  2,  1867 

THE  question  of  the  restoration  of  the  insurrectionary  States  to  a  place  in 
the  Union  early  engaged  the  attention  of  Congress,  and  many  resolutions 
setting  forth  the  opinions  of  their  framers  as  to  the  way  in  which  such  resto 
ration  should  be  brought  about,  were  submitted.  A  concurrent  resolution 
of  March  2,  1866,  declared  "  that,  in  order  to  close  agitation  upon  a  question 
which  seems  likely  to  disturb  the  action  of  the  government,  as  well  as  to  quiet 
the  uncertainty  which  is  agitating  the  minds  of  the  people  of  the  eleven 
States  which  have  been  declared  to  be  in  rebellion,  no  senator  or  representa 
tive  shall  be  admitted  into  either  branch  of  Congress  from  any  of  said  States 
until  Congress  shall  have  declared  such  State  entitled  to  such  representation." 
The  majority  report  of  the  Joint  Committee  on  Reconstruction  was  submitted 
June  1 8,  1866,  and  the  minority  report  four  days  later.  A  bill  to  reconstruct 
North  Carolina  was  introduced  by  Thaddeus  Stevens  December  1 3.  February  6, 
1867,  however,  Stevens  reported  from  the  joint  committee  a  general  reconstruc 
tion  bill.  On  the  I3th  a  substitute  offered  by  Stevens  was  agreed  to,  and  the 
bill  passed  the  House,  the  vote  being  109  to  55,  26  not  voting.  An  amendment 
submitted  by  James  G.  Elaine  of  Maine,  providing  that  when  Congress  should 
have  approved  the  Constitution  of  any  State  conferring  suffrage  in  accordance 
with  the  Fourteenth  Amendment,  the  other  sections  of  the  bill  should  become 
inoperative,  was  rejected.  In  the  meantime  the  Fourteenth  Amendment  had 
been  rejected  by  all  the  seceding  States  except  Tennessee.  The  Elaine 
amendment,  offered  by  Sherman  in  the  Senate,  was  accepted  by  that  house, 
and  the  amended  bill  passed,  February  16,  by  a  vote  of  29  to  10.  On  the 
I9th  the  House,  by  a  vote  of  73  to  98,  refused  to  concur,  but  the  next  day  re 
ceded  from  its  disagreement,  and  concurred  in  the  amendments  of  the  Sen- 


1867]  FIRST  RECONSTRUCTION  ACT  157 

ate,  with  the  addition  of  amendments  embracing  section  6  and  the  proviso  of 
section  5  of  the  act  as  passed.  The  bill  was  vetoed  by  President  Johnson 
March  2,  but  was  promptly  passed  over  the  veto  the  same  day,  the  vote  in  the 
House  being  138  to  51,  3  not  voting,  and  in  the  Senate  35  to  n.  An  act  of 
January  22  had  provided  "  for  the  meeting  of  the  fortieth  and  all  succeeding 
Congresses  immediately  after  the  adjournment  of  the  preceding  Congress," 
while  another  act  of  February  21  directed  the  clerk  of  the  House  to  include 
in  the  roll  of  representatives  for  the  next  Congress  members  from  those  States 
only  which  had  been  represented  in  the  preceding  Congress.  A  joint  resolu 
tion  of  March  30  appropriated  $500,000  for  the  expenses  of  executing  the 
various  reconstruction  acts. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIV,  428,  429.  For  the 
proceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  The  bill  reported  February  6  is  the  same  as  the  act  as  passed, 
except  the  fifth  and  sixth  sections,  which  were  added  as  amendments.  For 
the  texts  of  the  more  important  resolutions  on  reconstruction,  with  the  action 
upon  them,  see  McPherson,  Reconstruction,  109-114,  183-187.  Johnson's 
message  of  July  20,  1867,  transmitting  a  report  of  a  cabinet  meeting,  is  in 
Richardson,  Messages  and  Papers  of  the  Presidents,  VI,  527-531.  The  docu 
mentary  literature  is  extensive.  The  report  of  the  Joint  Committee  on  Recon 
struction  is  House  Report 30,  39th  Cong.,  ist  Sess.  On  the  early  disturbances 
in  the  South  see  House  Exec.  Doc.  96  and  House  Report  tor,  39th  Cong.,  ist 
Sess. ;  House  Exec.  Docs.  61,  68,  and  f2  and  House  Report  ib,  39th  Cong.,  2d 
Sess.  The  most  important  orders,  etc.,  relating  to  military  reconstruction,  are 
in  Senate  Exec.  Doc.  14,  4Oth  Cong.,  ist  Sess.;  see  also  Senate  Exec.  Doc.  14, 
and  Senate  Report  14,  38th  Cong.,  1st  Sess.;  House  Report  23,  39th  Cong., 
2d  Sess.;  House  Exec.  Doc.  342,  4Oth  Cong.,  2d  Sess.  The  State  constitu 
tions  of  the  reconstruction  period  are  in  Poore,  Charters  and  Constitutions. 
On  political  conditions  see  House  Exec.  Doc.  131,  Senate  Exec.  Doc.  43,  Sen 
ate  Misc.  Doc.  62,  and  Senate  Report  112,  39th  Cong.,  ist  Sess.;  House  Exec. 
Docs.  20  and 34  and  House  Misc.  Docs.  29  and 53,  4Oth  Cong.,  1st  Sess.;  House 
Exec.  Docs.  53  and  276  and  Senate  Exec.  Doc.  53,  4Oth  Cong.,  2d  Sess.; 
Senate  Exec.  Doc.  13,  4ist  Cong.,  2d  Sess.  On  the  constitutional  ques 
tion  see  particularly  Mississippi  v.  Johnson,  4  Wallace,  475;  Georgia  v. 
Stanton,  6  ibid.,  51;  Texas  v.  White,  7  ibid.,  200.  Important  general  refer 
ences  are:  Johnston  in  Lalor's  Cyclopedia,  III,  540-556;  Dunning, 
Essays,  136-252  ;  Morse,  Lincoln,  II,  chap.  8  ;  Hart,  Chase,  chap.  13  ; 
Storey,  Sumner,  chaps.  16  and  18 ;  McCall,  Stevens,  chap.  16 ;  Cox, 
Three  Decades,  chaps.  19-23  ;  Chadsey,  Struggle  between  President  Johnson 
and  Congress  over  Reconstruction  ;  Burgess,  Reconstruction  and  the  Constitu 
tion  ;  Barnes,  History  of  the  3qth  Congress  ;  Blaine,  Twenty  Years  of  Congress, 
II,  chaps.  3-12  ;  Pierce,  Sumner,  IV,  chap.  51. 


158  FIRST  RECONSTRUCTION  ACT  [March  2 

An  Act  to  provide  for  the  more  efficient  Government  of  the  Rebel 

States. 

WHEREAS  no  legal  State  governments  or  adequate  protection 
for  life  or  property  now  exists  in  the  rebel  States  of  Virginia, 
North  Carolina,  South  Carolina,  Georgia,  Mississippi,  Alabama, 
Louisiana,  Florida,  Texas,  and  Arkansas ;  and  whereas  it  is 
necessary  that  peace  and  good  order  should  be  enforced  in  said 
States  until  loyal  and  republican  State  governments  can  be 
legally  established :  Therefore, 

Be  it  enacted  .  .  .,  That  said  rebel  States  shall  be  divided 
into  military  districts  and  made  subject  to  the  military  author 
ity  of  the  United  States  as  hereinafter  prescribed,  and  for  that 
purpose  Virginia  shall  constitute  the  first  district ;  North  Caro 
lina  and  South  Carolina  the  second  district ;  Georgia,  Alabama, 
and  Florida  the  third  district ;  Mississippi  and  Arkansas  the 
fourth  district ;  and  Louisiana  and  Texas  the  fifth  district. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  President  to  assign  to  the  command  of  each  of  said  districts 
an  officer  of  the  army,  not  below  the  rank  of  brigadier-general, 
and  to  detail  a  sufficient  military  force  to  enable  such  officer  to 
perform  his  duties  and  enforce  his  authority  within  the  district 
to  which  he  is  assigned. 

SEC.  3.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  each  officer  assigned  as  aforesaid,  to  protect  all  persons  in 
their  rights  of  person  and  property,  to  suppress  insurrection, 
disorder,  and  violence,  and  to  punish,  or  cause  to  be  punished, 
all  disturbers  of  the  public  peace  and  criminals  ;  and  to  this 
end  he  may  allow  local  civil  tribunals  to  take  jurisdiction  of 
and  to  try  offenders,  or,  when  in  his  judgment  it  may  be 
necessary  for  the  trial  of  offenders,  he  shall  have  power  to 
organize  military  commissions  or  tribunals  for  that  purpose, 
and  all  interference  under  color  of  State  authority  with  the 
exercise  of  military  authority  under  this  act,  shall  be  null  and 
void. 

SEC.  4.   And  be  it  further  enacted,  That  all  persons  put  under 


1 867]  FIRST  RECONSTRUCTION  ACT  159 

military  arrest  by  virtue  of  this  act  shall  be  tried  without  un 
necessary  delay,  and  no  cruel  or  unusual  punishment  shall  be 
inflicted,  and  no  sentence  of  any  military  commission  or  tribu 
nal  hereby  authorized,  affecting  the  life  or  liberty  of  any  person, 
shall  be  executed  until  it  is  approved  by  the  officer  in  command 
of  the  district,  and  the  laws  and  regulations  for  the  government 
of  the  army  shall  not  be  affected  by  this  act,  except  in  so  far  as 
they  conflict  with  its  provisions  :  Provided,  That  no  sentence 
of  death  under  the  provisions  of  this  act  shall  be  carried  into 
effect  without  the  approval  of  the  President. 

SEC.  5.  And  be  it  further  enacted,  That  when  the  people  of 
any  one  of  said  rebel  States  shall  have  formed  a  constitution  of 
government  in  conformity  with  the  Constitution  of  the  United 
States  'in  all  respects,  framed  by  a  convention  of  delegates 
elected  by  the  male  citizens  of  said  State,  twenty-one  years  old 
and  upward,  of  whatever  race,  color,  or  previous  condition,  who 
have  been  resident  in  said  State  for  one  year  previous  to  the 
day  of  such  election,  except  such  as  may  be  disfranchised  for 
participation  in  the  rebellion  or  for  felony  at  common  law,  and 
when  such  constitution  shall  provide  that  the  elective  franchise 
shall  be  enjoyed  by  all  such  persons  as  have  the  qualifications 
herein  stated  for  electors  of  delegates,  and  when  such  constitu 
tion  shall  be  ratified  by  a  majority  of  the  persons  voting  on  the 
question  of  ratification  who  are  qualified  as  electors  for  delegates, 
and  when  such  constitution  shall  have  been  submitted  to  Con 
gress  for  examination  and  approval,  and  Congress  shall  have 
approved  the  same,  and  when  said  State,  by  a  vote  of  its  legis 
lature  elected  under  said  constitution,  shall  have  adopted  the 
amendment  to  the  Constitution  of  the  United  States,  proposed 
by  the  Thirty-ninth  Congress,  and  known  as  article  fourteen, 
and  when  said  article  shall  have  become  a  part  of  the  Consti 
tution  of  the  United  States  said  State  shall  be  declared  entitled 
to  representation  in  Congress,  and  senators  and  representatives 
shall  be  admitted  therefrom  on  their  taking  the  oath  prescribed 
by  law,  and  then  and  thereafter  the  preceding  sections  of  this 
act  shall  be  inoperative  in  said  State :  Provided,  That  no  person 


160  TENURE  OF  OFFICE  ACT  [March  2 

excluded  from  the  privilege  of  holding  office  by  said  proposed 
amendment  to  the  Constitution  of  the  United  States,  shall  be 
eligible  to  election  as  a  member  of  the  convention  to  frame  a 
constitution  for  any  of  said  rebel  States,  nor  shall  any  such 
person  vote  for  members  of  such  convention. 

SEC.  6.  And  be  it  further  enacted,  That,  until  the  people  of 
said  rebel  States  shall  be  by  law  admitted  to  representation  in 
the  Congress  of  the  United  States,  any  civil  governments  which 
may  exist  therein  shall  be  deemed  provisional  only,  and  in  all 
respects  subject  to  the  paramount  authority  of  the  United  States 
at  any  time  to  abolish,  modify,  control,  or  supersede  the  same ; 
and  in  all  elections  to  any  office  under  such  provisional  govern 
ments  all  persons  shall  be  entitled  to  vote,  and  none  others, 
who  are  entitled  to  vote,  under  the  provisions  of  the  fifth  sec 
tion  of  this  act ;  and  no  persons  shall  be  eligible  to  any  office 
under  any  such  provisional  governments  who  would  be  dis 
qualified  from  holding  office  under  the  provisions  of  the  third 
article  of  said  constitutional  amendment. 


No.   57.     Tenure  of  Office  Act 

March  2,  1867 

A  BILL  "  to  regulate  the  tenure  of  offices  "  was  introduced  in  the  Senate, 
December  3,  1866,  the  first  day  of  the  session,  by  George  H.  Williams  of 
Oregon,  and  referred  to  the  Joint  Select  Committee  on  Retrenchment.  On 
the  loth  a  substitute  amendment  was  reported  by  George  F.  Edmunds  of  Ver 
mont,  who  also  offered  the  next  day  a  further  amendment,  being  the  last  five 
sections  of  the  act.  The  amended  bill  passed  the  Senate  on  the  i8th  by  a 
vote  of  29  to  9,  14  not  voting.  The  House,  by  a  vote  of  82  to  63,  46  not  vot 
ing,  added  an  amendment  striking  out  the  clause  excepting  cabinet  officers 
from  the  operation  of  the  act,  the  vote  on  the  passage  of  the  amended  bill 
being  1 1 1  to  38,  42  not  voting.  The  Senate  refused  to  concur,  but  the  insist 
ence  of  the  House  on  its  principal  amendment  forced  the  Senate  to  agree  to 
the  compromise  contained  in  the  first  section  of  the  act.  The  report  of  the 
conference  committee  was  accepted  by  the  Senate,  February  18,  by  a  vote  of 
22  to  10,  and  by  the  House  the  following  day  by  a  vote  of  112  to  41,  37  not 


1 867]  TENURE  OF  OFFICE  ACT  l6l 

voting.  March  2  the  bill  was  vetoed  by  President  Johnson,  but  was  passed 
over  the  veto  the  same  day,  the  vote  in  the  Senate  being  35  to  n,  6  not  vot 
ing,  and  in  the  House  138  to  51,  3  not  voting.  Sections  I  and  2  of  the 
act  were  repealed  by  an  act  of  April  5,  1859,  and  the  remainder  by  an  act  of 
March  3,  1887. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIV,  430-432.  For  the 
proceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  See  also  Senate  Exec.  Doc.  9,  4Oth  Cong.,  Special  Sess. 

An  Act  regulating  the  Tenure  of  certain  Civil  Offices. 

Be  it  enacted  .  .  .,  That  every  person  holding  any  civil 
office  to  which  he  has  been  appointed  by  and  with  the  advice 
and  consent  of  the  Senate,  and  every  person  who  shall  here 
after  be  appointed  to  any  such  office,  and  shall  become  duly 
qualified  to  act  therein,  is,  and  shall  be  entitled  to  hold  such 
office  until  a  successor  shall  have  been  in  like  manner  appointed 
and  duly  qualified,  except  as  herein  otherwise  provided :  Pro 
vided,  That  the  Secretaries  of  State,  of  the  Treasury,  of  War, 
of  the  Navy,  and  of  the  Interior,  the  Postmaster-General,  and 
the  Attorney-General,  shall  hold  their  offices  respectively  for 
and  during  the  term  of  the  President  by  whom  they  may  have 
been  appointed  and  for  one  month  thereafter,  subject  to  removal 
by  and  with  the  advice  and  consent  of  the  Senate. 

SEC.  2.  And  be  it  further  enacted,  That  when  any  officer 
appointed  as  aforesaid,  excepting  judges  of  the  United  States 
courts,  shall,  during  a  recess  of  the  Senate,  be  shown,  by  evi 
dence  satisfactory  to  the  President,  to  be  guilty  of  misconduct 
in  office,  or  crime,  or  for  any  reason  shall  become  incapable  or 
legally  disqualified  to  perform  its  duties,  in  such  case,  and  in 
no  other,  the  President  may  suspend  such  officer  and  designate 
some  suitable  person  to  perform  temporarily  the  duties  of  such 
office  until  the  next  meeting  of  the  Senate,  and  until  the  case 
shall  be  acted  upon  by  the  Senate  .  .  . ;  and  in  such  case  it 
shall  be  the  duty  of  the  President,  within  twenty  days  after  the 
first  day  of  such  next  meeting  of  the  Senate,  to  report  to  the 
Senate  such  suspension,  with  the  evidence  and  reasons  for  his 
action  in  the  case,  and  the  name  of  the  person  so  designated  to 
M 


1 62  TENURE  OF  OFFICE  ACT  [March  2 

perform  the  duties  of  such  office.  And  if  the  Senate  shall 
concur  in  such  suspension  and  advise  and  consent  to  the 
removal  of  such  officer,  they  shall  so  certify  to  the  President, 
who  may  thereupon  remove  such  officer,  and,  by  and  with  the 
advice  and  consent  of  the  Senate,  appoint  another  person  to  such 
office.  But  if  the  Senate  shall  refuse  to  concur  in  such  sus 
pension,  such  officer  so  suspended  shall  forthwith  resume  the 
functions  of  his  office,  and  the  powers  of  the  person  so  perform 
ing  its  duties  in  his  stead  shall  cease,  and  the  official  salary  and 
emoluments  of  such  officer  shall,  during  such  suspension,  belong 
to  the  person  so  performing  the  duties  thereof,  and  not  to  the 
officer  so  suspended :  Provided,  however,  That  the  President,  in 
case  he  shall  become  satisfied  that  such  suspension  was  made 
on  insufficient  grounds,  shall  be  authorized,  at  any  time  before 
reporting  such  suspension  to  the  Senate  as  above  provided,  to 
revoke  such  suspension  and  reinstate  such  officer  in  the  per 
formance  of  the  duties  of  his  office. 

SEC.  3.  And  be  it  further  enacted,  That  the  President  shall 
have  power  to  fill  all  vacancies  which  may  happen  during  the 
recess  of  the  Senate,  by  reason  of  death  or  resignation,  by  grant 
ing  commissions  which  shall  expire  at  the  end  of  their  next  ses 
sion  thereafter.  And  if  no  appointment,  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  be  made  to  such  office  so  vacant 
or  temporarily  filled  as  aforesaid  during  such  next  session  of  the 
Senate,  such  office  shall  remain  in  abeyance,  without  any  salary, 
fees,  or  emoluments  attached  thereto,  until  the  same  shall  be 
filled  by  appointment  thereto,  by  and  with  the  advice  and  con 
sent  of  the  Senate ;  and  during  such  time  all  the  powers  and 
duties  belonging  to  such  office  shall  be  exercised  by  such  other 
officer  as  may  by  law  exercise  such  powers  and  duties  in  case 
of  a  vacancy  in  such  office. 

SEC.  4.  And  be  it  further  enacted,  That  nothing  in  this  act 
contained  shall  be  construed  to  extend  the  term  of  any  office 
the  duration  of  which  is  limited  by  law. 

SEC.  5.  And  be  it  further  enacted,  That  if  any  person  shall, 
contrary  to  the  provisions  of  this  act,  accept  any  appointment 


1867]  TENURE  OF  OFFICE  ACT  163 

to  or  employment  in  any  office,  or  shall  hold  or  exercise  or  at 
tempt  to  hold  or  exercise,  any  such  office  or  employment,  he 
shall  be  deemed,  and  is  hereby  declared  to  be,  guilty  of  a  high 
misdemeanor,  and,  upon  trial  and  conviction  thereof,  he  shall 
be  punished  therefor  by  a  fine  not  exceeding  ten  thousand  dol 
lars,  or  by  imprisonment  not  exceeding  five  years,  or  both  said 
punishments,  in  the  discretion  of  the  court. 

SEC.  6.  And  be  it  further  enacted,  That  every  removal,  appoint 
ment,  or  employment,  made,  had,  or  exercised,  contrary  to  the 
provisions  of  this  act,  and  the  making,  signing,  sealing,  counter 
signing,  or  issuing  of  any  commission  or  letter  of  authority  for 
or  in  respect  to  any  such  appointment  or  employment,  shall  be 
deemed,  and  are  hereby  declared  to  be,  high  misdemeanors, 
and,  upon  trial  and  conviction  thereof,  every  person  guilty 
thereof  shall  be  punished  by  a  fine  not  exceeding  ten  thousand 
dollars,  or  by  imprisonment  not  exceeding  five  years,  or  both 
said  punishments,  in  the  discretion  of  the  court :  Provided,  That 
the  President  shall  have  power  to  make  out  and  deliver,  after 
the  adjournment  of  the  Senate,  commissions  for  all  officers 
whose  appointment  shall  have  been  advised  and  consented  to 
by  the  Senate. 

SEC.  7.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  Secretary  of  the  Senate,  at  the  close  of  each  session  thereof, 
to  deliver  to  the  Secretary  of  the  Treasury,  and  to  each  of  his 
assistants,  and  to  each  of  the  auditors,  and  to  each  of  the  comp 
trollers  in  the  treasury,  and  to  the  treasurer,  and  to  the  register 
of  the  treasury,  a  full  and  complete  list,  duly  certified,  of  all  the 
persons  who  shall  have  been  nominated  to  and  rejected  by  the 
Senate  during  such  session,  and  a  like  list  of  all  the  offices  to 
which  nominations  shall  have  been  made  and  not  confirmed  and 
filled  at  such  session. 

SEC.  8.  And  be  it  further  enacted,  That  whenever  the  Presi 
dent  shall,  without  the  advice  and  consent  of  the  Senate,  desig 
nate,  authorize,  or  employ  any  person  to  perform  the  duties  of 
any  office,  he  shall  forthwith  notify  the  Secretary  of  the  Treas 
ury  thereof ;  and  it  shall  be  the  duty  of  the  Secretary  of  the 


1 64  ACT  OF  INDEMNITY  [March  2 

Treasury   thereupon   to   communicate   such   notice   to   all   the 
proper  accounting  and  disbursing  officers  of  his  department. 

SEC.  9.  And  be  it  further  enacted.  That  no  money  shall  be 
paid  or  received  from  the  treasury,  or  paid  or  received  from 
or  retained  out  of  any  public  moneys  or  funds  of  the  United 
States,  whether  in  the  treasury  or  not,  to  or  by  or  for  the  benefit 
of  any  person  appointed  to  or  authorized  to  act  in  or  holding  or 
exercising  the  duties  or  functions  of  any  office  contrary  to  the 
provisions  of  this  act ;  nor  shall  any  claim,  account,  voucher, 
order,  certificate,  warrant,  or  other  instrument  providing  for  or 
relating  to  such  payment,  receipt,  or  retention,  be  presented, 
passed,  allowed,  approved,  certified,  or  paid  by  any  officer  of 
the  United  States,  or  by  any  person  exercising  the  functions  or 
performing  the  duties  of  any  office  or  place  of  trust  under  the 
United  States,  for  or  in  respect  to  such  office,  or  the  exercising 
or  performing  the  functions  or  duties  thereof ;  and  every  person 
who  shall  violate  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  high  misdemeanor,  and,  upon  trial  and  con 
viction  thereof,  shall  be  punished  therefor  by  a  fine  not  exceed 
ing  ten  thousand  dollars,  or  by  imprisonment  not  exceeding  ten 
years,  or  both  said  punishments,  in  the  discretion  of  the  court. 


No.   58.     Act  of  Indemnity 

March  2,  1867 

BY  an  act  of  May  n,  1866,  amending  the  habeas  corpus  act  of  March  3, 
1863  [No.  32],  orders  from  the  President,  the  Secretary  of  War,  or  a  military 
commander  were  declared  to  be  a  defence  to  suits  on  account  of  such  acts. 
An  act  of  February  5,  1867,  gave  authority  to  United  States  courts  to  issue  the 
writ  of  habeas  corpus  in  the  case  of  any  person  restrained  of  liberty  in  viola 
tion  of  the  Constitution  or  laws  of  the  United  States,  and  extended  the  appel 
late  jurisdiction  of  the  Supreme  Court  to  all  such  cases ;  while  the  act  of 
March  2,  1867,  validated  all  proclamations  and  orders  of  the  President  respect 
ing  martial  law,  and  acts  done  under  them,  from  March  4,  1861,  to  July  I, 


1867]  ACT  OF  INDEMNITY  165 

1866.  The  case  of  Ex  parte  McCardle  raised  the  question  of  the  legality  of 
an  arrest  under  the  Civil  Rights  Act  of  March  2,  1867.     The  Supreme  Court 
refused  to  dismiss  the  case  and  heard  the  appeal  on  its  merits.     To  protect 
the  reconstruction  policy  of  Congress  from  judicial  interference  at  this  point, 
an  act  of  March  27,  1868,  passed  over  the  veto,  took  away  the  right  of  ap 
peal  from  the  circuit  court  conferred  by  the  act  of  February  5,  1867.     A  bill 
validating  the  proclamations  of  the   President,  etc.,  was  introduced  in  the 
House,  December  10,  1866,  by  Bingham  of  Ohio,  and  passed  February  23, 

1867,  by  a  vote  of  112  to  32,  46  not  voting.     The  Senate  passed  the  bill  with 
out  amendment  March  2,  the  vote  being  36  to  8. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIV,  432,  433.  For  the 
proceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  For  the  case  of  Ex  parte  McCardle  see  6  Wallace,  324  ;  7  ibid., 
512;  see  also  Jones  v.  Seward,  40  Barbour  (N.Y.),  563;  41  ibid.,  269;  26 
Howard's  Practice  Reports,  433. 

An  Act  to  declare  valid  and  conclusive  certain  Proclamations  of 
the  President,  and  Acts  done  in  Pursuance  thereof,  or  of  his 
Orders,  in  the  Suppression  of  the  late  Rebellion  against  the 
United  States. 

Be  it  enacted  .  .  .,  That  all  acts,  proclamations,  and  orders 
of  the  President  of  the  United  States,  or  acts  done  by  his  author 
ity  or  approval  after  the  fourth  of  March,  anno  Domini  eighteen 
hundred  and  sixty-one,  and  before  the  first  day  of  July,  anno 
Domini  eighteen  hundred  and  sixty-six,  respecting  martial  law, 
military  trials  by  courts-martial  or  military  commissions,  or  the 
arrest,  imprisonment  and  trial  of  persons  charged  with  partici 
pation  in  the  late  rebellion  against  the  United  States,  or  as  aiders 
or  abettors  thereof,  or  as  guilty  of  any  disloyal  practice  in  aid 
thereof,  or  of  any  violation  of  the  laws  or  usages  of  war,  or  of 
affording  aid  and  comfort  to  rebels  against  the  authority  of  the 
United  States,  and  all  proceedings  and  acts  done  or  had  by 
courts-martial  or  military  commissions,  or  arrests  and  imprison 
ments  made  in  the  premises  by  any  person  by  the  authority  of 
the  orders  or  proclamations  of  the  President,  made  as  aforesaid, 
or  in  aid  thereof,  are  hereby  approved  in  all  respects,  legalized 
and  made  valid,  to  the  same  extent  and  with  the  same  effect  as 
if  said  orders  and  proclamations  had  been  issued  and  made, 


1 66  COMMAND  OF  THE  ARMY  [March  2 

and  said  arrests,  imprisonments,  proceedings,  and  acts  had  been 
done  under  the  previous  express  authority  and  direction  of  the 
Congress  of  the  United  States,  and  in  pursuance  of  a  law  thereof 
previously  enacted  and  expressly  authorizing  and  directing  the 
same  to  be  done.  And  no  civil  court  of  the  United  States,  or 
of  any  State,  or  of  the  District  of  Columbia,  or  of  any  district 
or  territory  of  the  United  States,  shall  have  or  take  jurisdic 
tion  of,  or  in  any  manner  reverse  any  of  the  proceedings  had  or 
acts  done  as  aforesaid,  nor  shall  any  person  be  held  to  answer 
in  any  of  said  courts  for  any  act  done  or  omitted  to  be  done  in 
pursuance  or  in  aid  of  any  of  said  proclamations  or  orders,  or 
by  authority  or  with  the  approval  of  the  President  within  the 
period  aforesaid,  and  respecting  any  of  the  matters  aforesaid ; 
and  all  officers  and  other  persons  in  the  service  of  the  United 
States,  or  who  acted  in  aid  thereof,  acting  in  the  premises  shall 
be  held  prima  facie  to  have  been  authorized  by  the  President ; 
and  all  acts  and  parts  of  acts  heretofore  passed,  inconsistent 
with  the  provisions  of  this  act,  are  hereby  repealed. 
APPROVED,  March  2,  1867. 


No.   59.     Command  of  the  Army 

March  2,  1867 

SECTION  2  of  the  army  appropriation  act  of  March  2,  1867,  virtually 
deprived  the  President,  in  certain  cases,  of  the  command  of  the  army.  The 
constitutionality  of  the  provision  was  debated  at  some  length,  but  an  amend 
ment  offered  in  the  Senate,  February  26,  by  Reverdy  Johnson  of  Maryland,  to 
strike  out  the  section  was  lost  by  a  vote  of  8  to  28,  and  other  motions  to  the 
same  effect  failed  of  support.  Sections  5  and  6  were  added  to  the  bill  by 
the  Senate.  President  Johnson  approved  the  bill  in  order  not  to  defeat  the 
appropriations,  but  he  entered  his  protest  against  the  army  provision.  The 
section  relating  to  the  militia  was  repealed  by  acts  of  January  14  and  March 
3,  1869. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIV,  486,  487.  For  the 
proceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  2d  Sess.,  and 
the  Cong.  Globe.  The  important  discussion  was  in  the  Senate. 


1867]  COMMAND   OF  THE  ARMY  l6/ 

An  Act  making  appropriations  for  the  support  of  the  army  for  the 
year  ending  June  thirtieth,  eighteen  hundred  and  sixty-eight,  and 
for  other  purposes. 

******* 

SEC.  2.  And  be  it  further  enacted ',  That  the  headquarters  of 
the  General  of  the  army  of  the  United  States  shall  be  at  the 
city  of  Washington,  and  all  orders  and  instructions  relating  to 
military  operations  issued  by  the  President  or  Secretary  of  War 
shall  be  issued  through  the  General  of  the  army,  and,  in  case 
of  his  inability,  through  the  next  in  rank.  The  General  of  the 
army  shall  not  be  removed,  suspended,  or  relieved  from  com 
mand,  or  assigned  to  duty  elsewhere  than  at  said  headquarters, 
except  at  his  own  request,  without  the  previous  approval  of  the 
Senate ;  and  any  orders  or  instructions  relating  to  military 
operations  issued  contrary  to  the  requirements  of  this  section 
shall  be  null  and  void  ;  and  any  officer  who  shall  issue  orders 
or  instructions  contrary  to  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor  in  office;  and  any  officer  of 
the  army  who  shall  transmit,  convey,  or  obey  any  orders  or 
instructions  so  issued  contrary  to  the  provisions  of  this  section, 
knowing  that  such  orders  were  so  issued,  shall  be  liable  to  im 
prisonment  for  not  less  than  two  nor  more  than  twenty  years, 
upon  conviction  thereof  in  any  court  of  competent  jurisdiction. 
******* 

SEC.  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  officers  of  the  army  and  navy,  and  of  the  Freedmen's  Bureau, 
to  prohibit  and  prevent  whipping  or  maiming  of  the  person,  as 
a  punishment  for  any  crime,  misdemeanor,  or  offence,  by  any 
pretended  civil  or  military  authority  in  any  State  lately  in  rebel 
lion  until  the  civil  government  of  such  State  shall  have  been 
restored,  and  shall  have  been  recognized  by  the  Congress  of  the 
United  States. 

SEC.  6.  And  be  it  further  enacted,  That  all  militia  forces  now 
organized  or  in  service  in  either  of  the  States  of  Virginia,  North 
Carolina,  South  Carolina,  Georgia,  Florida,  Alabama,  Louisiana, 


1 68  ABOLITION  OF   PEONAGE  [March  2 

Mississippi,  and  Texas,  be  forthwith  disbanded,  and  that  the 
further  organization,  arming,  or  calling  into  service  of  the  said 
militia  forces,  or  any  part  thereof,  is  hereby  prohibited  under 
any  circumstances  whatever,  until  the  same  shall  be  authorized 
by  Congress. 

******* 

APPROVED,  March  2,  1867. 


No.   60.     Abolition  of  Peonage 

March  2,  1867 

THE  annual  report  of  the  Commissioner  of  Indian  Affairs  for  1866  called 
attention  to  the  evils  of  peonage  in  New  Mexico,  and  urged  Congress  "  to  take 
the  matter  in  hand  and  deal  with  it  effectually."  January  3,  1867,  Sumner 
offered  in  the  Senate  a  resolution  directing  the  Committee  on  the  Judiciary 
"to  consider  if  any  further  legislation  is  needed  to  prevent  the  enslavement 
of  Indians  in  New  Mexico  or  any  system  of  peonage  there,  and  especially  to 
prohibit  the  employment  of  the  army  of  the  United  States  in  the  surrender 
of  persons  claimed  as  peons."  The  resolution  was  referred  to  the  Committee 
on  Military  Affairs.  A  bill  to  prohibit  peonage,  introduced  January  26  by 
Wilson  of  Massachusetts,  was  referred  to  the  same  committee,  which  reported 
the  bill  on  the  28th  with  an  amendment.  February  19  a  substitute  offered  by 
Wilson  was  agreed  to  and  the  bill  passed.  The  bill  passed  the  House  March  2. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIV,  546.  For  the  pro- 
ceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  The  proceedings  in  the  House  are  unimportant. 

An  Act  to  abolish  and  forever  prohibit  the  System  of  Peonage  in  the 
Territory  of  New  Mexico  and  other  Parts  of  the  United  States. 

Be  it  enacted  .  .  .,  That  the  holding  of  any  person  to  service 
or  labor  under  the  system  known  as  peonage  is  hereby  declared 
to  be  unlawful,  and  the  same  is  hereby  abolished  and  forever 
prohibited  in  the  Territory  of  New  Mexico,  or  in  any  other  Ter 
ritory  or  State  of  the  United  States ;  and  all  laws,  resolutions, 
orders,  regulations,  or  usages  of  the  Territory  of  New  Mexico, 
or  of  any  other  Territory  or  State  of  the  United  States,  which 
have  heretofore  established,  maintained,  or  enforced,  or  by  virtue 


1867]  PAYMENTS  TO  DISLOYAL  PERSONS  169 

of  which  any  attempt  shall  hereafter  be  made  to  establish, 
maintain,  or  enforce,  directly  or  indirectly,  the  voluntary  or  in 
voluntary  service  or  labor  of  any  persons  as  peons,  in  liquida 
tion  of  any  debt  or  obligation,  or  otherwise,  be,  and  the  same 
are  hereby,  declared  null  and  void ;  and  any  person  or  persons 
who  shall  hold,  arrest,  or  return,  or  cause  to  be  held,  arrested, 
or  returned,  or  in  any  manner  aid  in  the  arrest  or  return  of  any 
person  or  persons  to  a  condition  of  peonage,  shall,  upon  convic 
tion,  be  punished  by  fine  not  less  than  one  thousand  nor  more 
than  five  thousand  dollars,  or  by  imprisonment  not  less  than  one 
nor  more  than  five  years,  or  both,  at  the  discretion  of  the  court. 

SEC.  2.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
all  persons  in  the  military  or  civil  service  in  the  Territory  of 
New  Mexico  to  aid  in  the  enforcement  of  the  foregoing  section 
of  this  act;  and  any  person  or  persons  who  shall  obstruct  or 
attempt  to  obstruct,  or  in  any  way  interfere  with,  or  prevent  the 
enforcement  of  this  act,  shall  be  liable  to  the  pains  and  penalties 
hereby  provided  ;  and  any  officer  or  other  person  in  the  military 
service  of  the  United  States  who  shall  so  offend,  directly  or  in 
directly,  shall,  on  conviction  before  a  court-martial,  be  dishon 
orably  dismissed  the  service  of  the  United  States,  and  shall 
thereafter  be  ineligible  to  reappointment  to  any  office  of  trust, 
honor,  or  profit  under  the  government. 

APPROVED,  March  2,  1867. 


No.   61.     Payments  to  Disloyal  Persons 

March  2,   1867 

A  BILL  to  prohibit  payments  to  disloyal  persons  was  introduced  in  the 
House,  December  20,  1866,  by  Columbus  Delano  of  Ohio,  and  passed  the 
same  day.  February  23,  1867,  the  Senate  added  the  proviso  of  the  act  as  an 
amendment.  A  conference  committee  settled  the  final  form  of  the  bill. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XIV,  571.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  39th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  There  was  little  discussion  of  the  merits  of  the  bill. 


170  SECOND   RECONSTRUCTION  ACT  [March  23 

Joint  Resolution  prohibiting  Payment  by  any  Officer  of  the  Gov 
ernment  to  any  Person  not  known  to  have  been  opposed  to  the 
Rebellion  and  in  favor  of  its  Suppression. 

Resolved  .  .  .,  That  until  otherwise  ordered  it  shall  be  un 
lawful  for  any  officer  of  the  United  States  government  to  pay 
any  account,  claim,  or  demand  against  said  government,  which 
accrued  or  existed  prior  to  the  thirteenth  day  of  April,  A.D. 
eighteen  hundred  and  sixty-one,  in  favor  of  any  person  who  pro 
moted,  encouraged,  or  in  any  manner  sustained  the  late  rebel 
lion  ;  or  in  favor  of  any  person  who,  during  said  rebellion,  was 
not  known  to  be  opposed  thereto,  and  distinctly  in  favor  of  its 
suppression ;  and  no  pardon  heretofore  granted,  or  hereafter  to 
be  granted,  shall  authorize  the  payment  of  such  account,  claim, 
or  demand,  until  this  resolution  is  modified  or  repealed  :  Pro- 
vided,  That  this  resolution  shall  not  be  construed  to  prohibit  the 
payment  of  claims  founded  upon  contracts  made  by  any  of  the 
departments,  where  such  claims  were  assigned  or  contracted  to 
be  assigned  prior  to  April  first,  eighteen  hundred  and  sixty-one, 
to  creditors  of  said  contractors,  loyal  citizens  of  loyal  States,  in 
payment  of  debts  incurred  prior  to  March  first,  eighteen  hun 
dred  and  sixty-one. 

APPROVED,  March  2,  1867. 


No.  62.     Second  Reconstruction  Act 

March  23,  1867 

BY  a  resolution  of  March  7,  1867,  the  House  Committee  on  the  Judiciary 
were  instructed  "  to  report  a  bill  declaring  who  shall  call  conventions  for  the 
reorganization  of  the  rebel  States,  and  providing  for  the  registration  of  voters 
within  said  rebel  States,  and  all  elections  for  members  of  said  conventions,  or 
for  the  adoption  or  rejection  of  constitutions  formed  by  said  conventions,  or 
for  the  choice  of  public  officers,  State  and  municipal,  until  the  constitutions  of 
said  States  shall  have  been  approved  by  Congress,  shall  be  by  ballot."  A  bill 
in  accordance  with  the  resolution  was  reported  March  n,  and  passed  the  same 
day,  the  vote  being  117  to  27,  16  not  voting.  The  Senate  Committee  on  the 


1867]  SECOND   RECONSTRUCTION  ACT  I /I 

Judiciary  reported  a  substitute,  which,  with  further  amendments,  passed  that 
body  on  the  i6th  by  a  vote  of  38  to  2.  To  the  bill  as  thus  amended  the  House 
added  further  amendments,  the  principal  of  which  required  the  approval  by  a 
majority  of  the  registered  voters  of  the  constitution  submitted  for  ratification. 
The  bill  received  its  final  form  from  a  conference  committee.  March  23 
President  Johnson  vetoed  the  bill,  but  it  was  passed  over  the  veto  the  same 
day,  in  the  House  by  a  vote  of  114  to  25,  25  not  voting,  and  in  the  Senate  by 
a  vote  of  40  to  7. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XV,  2-4.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  1st  Sess.,  and  the 
Cong.  Globe.  The  texts  of  the  numerous  amendments  submitted  are  in  the 
Globe. 

An  Act  supplementary  to  an  Act  entitled  "An  Act  to  provide  for 
the  more  efficient  Government  of  the  Rebel  States"  passed  March 
second,  eighteen  hundred  and  sixty-seven,  and  to  facilitate  Res 
toration. 

Be  it  enacted  .  .  .,  That  before  the  first  day  of  September, 
eighteen  hundred  and  sixty-seven,  the  commanding  general  in 
each  district  defined  by  an  act  entitled  "  An  act  to  provide  for 
the  more  efficient  government  of  the  rebel  States,"  passed  March 
second,  eighteen  hundred  and  sixty-seven,  shall  cause  a  regis 
tration  to  be  made  of  the  male  citizens  of  the  United  States, 
twenty-one  years  of  age  and  upwards,  resident  in  each  county 
or  parish  in  the  State  or  States  included  in  his  district,  which 
registration  shall  include  only  those  persons  who  are  qualified 
to  vote  for  delegates  by  the  act  aforesaid,  and  who  shall  have 
taken  and  subscribed  the  following  oath  or  affirmation :  "  I, 

,  do   solemnly  swear  (or  affirm),  in  the  presence  of 

Almighty  God,  that  I  am  a  citizen  of  the  State  of ;  that  I 

have  resided  in  said  State  for months  next  preceding  this 

day,  and  now  reside  in  the  county  of ,  or  the  parish  of , 

in  said  State  (as  the  case  may  be) ;  that  I  am  twenty-one  years 
old ;  that  I  have  not  been  disfranchised  for  participation  in  any 
rebellion  or  civil  war  against  the  United  States,  or  for  felony 
committed  against  the  laws  of  any  State  or  of  the  United  States  ; 
that  I  have  never  been  a  member  of  any  State  legislature,  nor 
held  any  executive  or  judicial  office  in  any  State,  arid  afterwards 


172  SECOND   RECONSTRUCTION  ACT  [March  23 

engaged  in  insurrection  or  rebellion  against  the  United  States, 
or  given  aid  or  comfort  to  the  enemies  thereof;  that  I  have 
never  taken  an  oath  as  a  member  of  Congress  of  the  United 
States,  or  as  an  officer  of  the  United  States,  or  as  a  member 
of  any  State  legislature,  or  as  an  executive  or  judicial  officer  of 
any  State,  to  support  the  Constitution  of  the  United  States,  and 
afterwards  engaged  in  insurrection  or  rebellion  against  the 
United  States,  or  given  aid  or  comfort  to  the  enemies  thereof ; 
that  I  will  faithfully  support  the  Constitution  and  obey  the  laws 
of  the  United  States,  and  will,  to  the  best  of  my  ability,  encour 
age  others  so  to  do,  so  help  me  God  " ;  which  oath  or  affirma 
tion  may  be  administered  by  any  registering  officer. 

SEC.  2.  And  be  it  further  enacted,  That  after  the  completion 
of  the  registration  hereby  provided  for  in  any  State,  at  such 
time  and  places  therein  as  the  commanding  general  shall  appoint 
and  direct,  of  which  at  least  thirty  days'  public  notice  shall  be 
given,  an  election  shall  be  held  of  delegates  to  a  convention  for 
the  purpose  of  establishing  a  constitution  and  civil  government 
for  such  State  loyal  to  the  Union,  said  convention  in  each  State, 
except  Virginia,  to  consist  of  the  same  number  of  members  as 
the  most  numerous  branch  of  the  State  legislature  of  such  State 
in  the  year  eighteen  hundred  and  sixty,  to  be  apportioned  among 
the  several  districts,  counties,  or  parishes  of  such  State  by  the 
commanding  general,  giving  to  each  representation  in  the  ratio 
of  voters  registered  as  aforesaid  as  nearly  as  may  be.  The 
convention  in  Virginia  shall  consist  of  the  same  number  of 
members  as  represented  the  territory  now  constituting  Virginia 
in  the  most  numerous  branch  of  the  legislature  of  said  State 
in  the  year  eighteen  hundred  and  sixty,  to  be  apportioned  as 
aforesaid. 

SEC.  3.  And  be  it  further  enacted,  That  at  said  election  the 
registered  voters  of  each  State  shall  vote  for  or  against  a  con 
vention  to  form  a  constitution  therefor  under  this  act.  ...  If 
a  majority  of  the  votes  given  on  that  question  shall  be  for  a 
convention,  then  such  convention  shall  be  held  as  hereinafter 
provided  ;  but  if  a  majority  of  said  votes  shall  be  against  a 


186;]  SECOND  RECONSTRUCTION  ACT  1/3 

convention,  then  no  such  convention  shall  be  held  under  this 
act :  Provided^  That  such  convention  shall  not  be  held  unless  a 
majority  of  all  such  registered  voters  shall  have  voted  on  the 
question  of  holding  such  convention. 

SEC.  4.  And  be  it  further  enacted,  That  the  commanding 
general  of  each  district  shall  appoint  as  many  boards  of  regis 
tration  as  may  be  necessary,  consisting  of  three  loyal  officers  or 
persons,  to  make  and  complete  the  registration,  superintend  the 
election,  and  make  return  to  him  of  the  votes,  lists  of  voters, 
and  of  the  persons  elected  as  delegates  by  a  plurality  of  the 
votes  cast  at  said  election ;  and  upon  receiving  said  returns  he 
shall  open  the  same,  ascertain  the  persons  elected  as  delegates, 
according  to  the  returns  of  the  officers  who  conducted  said 
election,  and  make  proclamation  thereof ;  and  if  a  majority  of 
the  votes  given  on  that  question  shall  be  for  a  convention,  the 
commanding  general,  within  sixty  days  from  the  date  of  election, 
shall  notify  the  delegates  to  assemble  in  convention,  at  a  time 
and  place  to  be  mentioned  in  the  notification,  and  said  con 
vention,  when  organized,  shall  proceed  to  frame  a  constitution 
and  civil  government  according  to  the  provisions  of  this  act, 
and  the  act  to  which  it  is  supplementary ;  and  when  the  same 
shall  have  been  so  framed,  said  constitution  shall  be  submitted 
by  the  convention  for  ratification  to  the  persons  registered  under 
the  provisions  of  this  act  at  an  election  to  be  conducted  by  the 
officers  or  persons  appointed  or  to  be  appointed  by  the  com 
manding  general,  as  hereinbefore  provided,  and  to  be  held  after 
the  expiration  of  thirty  days  from  the  date  of  notice  thereof,  to 
be  given  by  said  convention ;  and  the  returns  thereof  shall  be 
made  to  the  commanding  general  of  the  district. 

SEC.  5.  And  be  it  further  enacted,  That  if,  according  to  said 
returns,  the  constitution  shall  be  ratified  by  a  majority  of  the 
votes  of  the  registered  electors  qualified  as  herein  specified, 
cast  at  said  election,  at  least  one  half  of  all  the  registered  voters 
voting  upon  the  question  of  such  ratification,  the  president  of 
the  convention  shall  transmit  a  copy  of  the  same,  duly  certi 
fied,  to  the  President  of  the  United  States,  who  shall  forthwith 


CESSION  OF  ALASKA  [March  30 

transmit  the  same  to  Congress,  if  then  in  session,  and  if  not  in 
session,  then  immediately  upon  its  next  assembling ;  and  if  it 
shall  moreover  appear  to  Congress  that  the  election  was  one  at 
which  all  the  registered  and  qualified  electors  in  the  State  had 
an  opportunity  to  vote  freely  and  without  restraint,  fear,  or  the 
influence  of  fraud,  and  if  the  Congress  shall  be  satisfied  that 
such  constitution  meets  the  approval  of  a  majority  of  all  the 
qualified  electors  in  the  State,  and  if  the  said  constitution  shall 
be  declared  by  Congress  to  be  in  conformity  with  the  provisions 
of  the  act  to  which  this  is  supplementary,  and  the  other  pro 
visions  of  said  act  shall  have  been  complied  with,  and  the  said 
constitution  shall  be  approved  by  Congress,  the  State  shall  be 
declared  entitled  to  representation,  and  senators  and  representa 
tives  shall  be  admitted  therefrom  as  therein  provided. 

SEC.  6.  [Elections  to  be  by  ballot ;  officers  to  take  oath  pre 
scribed  by  act  of  July  2,  1862,  &c.] 

SEC.  7.   [Expenses  of  commanding  general,  how  paid.] 

SEC.  8.  And  be  it  further  enacted,  That  the  convention  for 
each  State  shall  prescribe  the  fees,  salary,  and  compensation  to 
be  paid  to  all  delegates  and  other  officers  and  agents  herein 
authorized  or  necessary  to  carry  into  effect  the  purposes  of  this 
act  not  herein  otherwise  provided  for,  and  shall  provide  for  the 
levy  and  collection  of  such  taxes  on  the  property  in  such  State 
as  may  be  necessary  to  pay  the  same. 

SEC.  9.  And  be  it  further  enacted,  That  the  word  "  article,"  in 
the  sixth  section  of  the  act  to  which  this  is  supplementary,  shall 
be  construed  to  mean  "  section." 


No.   63.     Treaty  with  Russia    for  the  Cession 
of  Alaska 

March  30,  1867 

BY  the  fourth  article  of  the  treaty  of  1824  between  the  United  States  and 
Russia,  it  was  agreed  that  for  ten  years  the  vessels  of  both  powers  might  fish 
and  trade  in  the  interior  waters  on  the  northwest  coast  of  North  America, 


1867]  CESSION  OF  ALASKA  175 

both  north  and  south  of  54°  40'.  Negotiations  for  the  continuance  of  the 
agreement  failed,  and  the  encroachments  of  American  seamen  in  Russian  ter 
ritory  were  from  time  to  time  the  subject  of  diplomatic  correspondence.  The 
friendly  behavior  of  Russia  toward  the  United  States  during  the  Civil  War, 
though  joined,  doubtless,  with  an  unwillingness  on  the  part  of  the  United 
States  to  see  the  power  of  Russia  in  North  America  increase,  led  to  an  accept 
ance  of  the  offer  of  Russia  to  sell  Alaska.  The  treaty,  was  communicated  to 
the  Senate  July  16,  1867,  and  the  formal  transfer  of  the  territory  was  made 
October  18.  Copies  of  the  treaty  and  correspondence  were  laid  before  the 
House  February  17,  1868.  The  debate  in  the  House  raised  the  question  of 
the  constitutional  relation  of  the  House  to  treaties  involving  the  appropria 
tion  of  money.  The  preamble  of  the  bill  making  the  appropriation,  as  it 
passed  the  House,  asserted  that  the  consent  of  that  body  was  necessary  to  the 
'  ratification  of  such  treaties.  The  Senate  refused  to  accept  the  bill  in  that 
form,  and  the  preamble  was  modified.  The  appropriation  bill  became  law 
July  27.  Another  act  of  the  same  date  extended  the  laws  of  the  United 
States  relating  to  customs,  commerce,  and  navigation  over  Alaska,  and  estab 
lished  it  as  a  collection  district. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XV,  539-543.  For  the 
documents  and  correspondence  see  Senate  Exec.  Doc.  //,  4Oth  Cong.,  1st 
Sess. ;  House  Exec.  Docs.  125  and  777, 4Oth  Cong.,  2d  Sess.  Banks's  report  in 
favor  of  ratification  is  House  Report  37 ',  4Oth  Cong.,  2d  Sess.  For  the  House 
proceedings  see  the  Cong.  Globe,  4Oth  Cong.,  2d  Sess. 

The  United  States  of  America  and  His  Majesty  the  Emperor 
of  all  the  Russias,  being  desirous  of  strengthening,  if  possible, 
the  good  understanding  which  exists  between  them,  have,  for 
that  purpose,  appointed  as  their  Plenipotentiaries,  the  President 
of  the  United  States,  William  H.  Seward,  Secretary  of  State; 
and  His  Majesty  the  Emperor  of  all  the  Russias,  the  Privy 
Counsellor  Edward  \Edouard~\  de  Stoeckl,  his  Envoy  Extraor 
dinary  and  Minister  Plenipotentiary  to  the  United  States  ; 

And  the  said  Plenipotentiaries,  having  exchanged  their  full 
powers,  which  were  found  to  be  in  due  form,  have  agreed  upon 
and  signed  the  following  articles  : 

ARTICLE  I. 

His  Majesty  the  Emperor  of  all  the  Russias  agrees  to  cede 
to  the  United  States,  by  this  convention,  immediately  upon  the 
exchange  of  the  ratifications  thereof,  all  the  territory  and  domin- 


176  CESSION  OF  ALASKA  [March  30 

ion  now  possessed  by  his  said  Majesty  on  the  continent  of 
America  and  in  the  adjacent  islands,  the  same  being  contained 
within  the  geographical  limits  herein  set  forth,  to  wit :  The 
eastern  limit  is  the  line  of  demarcation  between  the  Russian 
and  the  British  possessions  in  North  America,  as  established 
by  the  convention  between  Russia  and  Great  Britain,  of  Febru 
ary  28-16,  1825,  and  described  in  Articles  III  and  IV  of  said 
convention,  in  the  following  terms : 

"  Commencing  from  the  southernmost  point  of  the  island 
called  Prince  of  Wales  Island,  which  point  lies  in  the  parallel 
of  54  degrees  40  minutes  north  latitude,  and  between  the  1318! 
and  1 33d  degree  of  west  longitude,  (meridian  of  Greenwich,) 
the  said  line  shall  ascend  to  the  north  along  the  channel  called 
Portland  Channel,  as  far  as  the  point  of  the  continent  where  it 
strikes  the  56th  degree  of  north  latitude;  from  this  last-men 
tioned  point,  the  line  of  demarcation  shall  follow  the  summit  of 
the  mountains  situated  parallel  to  the  coast,  as  far  as  the  point 
of  intersection  of  the  i4ist  degree  of  west  longitude,  (of  the 
same  meridian  ;)  and  finally,  from  the  said  point  of  intersection, 
the  said  meridian  line  of  the  i4ist  degree,  in  its  prolongation  as 
far  as  the  Frozen  Ocean. 

"  IV.  With  reference  to  the  line  of  demarcation  laid  down  in 
the  preceding  article,  it  is  understood  — 

"  ist.  That  the  island  called  Prince  of  Wales  Island  shall 
belong  wholly  to  Russia,"  (now,  by  this  cession  to  the  United 
States.) 

"  2d.  That  whenever  the  summit  of  the  mountains  which 
extend  in  a  direction  parallel  to  the  coast  from  the  56th  degree 
of  north  latitude  to  the  point  of  intersection  of  the  i4ist  degree 
of  west  longitude  shall  prove  to  be  at  the  distance  of  more  than 
ten  marine  leagues  from  the  ocean,  the  limit  between  the  British 
possessions  and  the  line  of  coast  which  is  to  belong  to  Russia 
as  above  mentioned,  (that  is  to  say,  the  limit  to  the  possessions 
ceded  by  this  convention,)  shall  be  formed  by  a  line  parallel 
to  the  winding  of  the  coast,  and  which  shall  never  exceed  the 
distance  of  ten  marine  leagues  therefrom." 


1 867]  CESSION  OF  ALASKA  177 

The  western  limit  within  which  the  territories  and  dominion 
conveyed  are  contained  passes  through  a  point  in  Behring's 
Straits  on  the  parallel  of  sixty-five  degrees  thirty  minutes  north 
latitude,  at  its  intersection  by  the  meridian  which  passes  midway 
between  the  islands  of  Krusenstern  or  Ignalook,  and  the  island 
of  Ratmanoff,  or  Noonarbook,  and  proceeds  due  north  without 
limitation,  into  the  same  Frozen  Ocean.  The  same  western 
limit,  beginning  at  the  same  initial  point,  proceeds  thence  in  a 
course  nearly  southwest,  through  Behring's  Straits  and  Behring's 
Sea,  so  as  to  pass  midway  between  the  northwest  point  of  the 
island  of  St.  Lawrence  and  the  southeast  point  of  Cape  Chou- 
kotski,  to  the  meridian  of  one  hundred  and  seventy-two  west 
longitude ;  thence,  from  the  intersection  of  that  meridian,  in  a 
southwesterly  direction,  so  as  to  pass  midway  between  the  island 
of  Attou  and  the  Copper  Island  of  the  Kormandorski  couplet  or 
group,  in  the  North  Pacific  Ocean,  to  the  meridian  of  one  hun 
dred  and  ninety-three  degrees  west  longitude,  so  as  to  include 
in  the  territory  conveyed  the  whole  of  the  Aleutian  Islands  east 
of  that  meridian. 

ARTICLE  II. 

In  the  cession  of  territory  and  dominion  made  by  the  preced 
ing  article  are  included  the  right  of  property  in  all  public  lots 
and  squares,  vacant  lands,  and  all  public  buildings,  fortifica 
tions,  barracks,  and  other  edifices  which  are  not  private  indi 
vidual  property.  It  is,  however,  understood  and  agreed,  that 
the  churches  which  have  been  built  in  the  ceded  territory 
by  the  Russian  Government,  shall  remain  the  property  of  such 
members  of  the  Greek  Oriental  Church  resident  in  the  territory 
as  may  choose  to  worship  therein.  Any  Government  archives, 
papers,  and  documents  relative  to  the  territory  and  dominion 
aforesaid,  which  may  now  be  existing  there,  will  be  left  in  the 
possession  of  the  agent  of  the  United  States ;  but  an  authenti 
cated  copy  of  such  of  them  as  may  be  required,  will  be,  at  all 
times,  given  by  the  United  States  to  the  Russian  Government, 
or  to  such  Russian  officers  or  subjects  as  they  may  apply  for. 


1 78  CESSION  OF  ALASKA  [March  30 

ARTICLE  III. 

The  inhabitants  of  the  ceded  territory,  according  to  their 
choice,  reserving  their  natural  allegiance,  may  return  to  Russia 
within  three  years ;  but  if  they  should  prefer  to  remain  in  the 
ceded  territory,  they,  with  the  exception  of  uncivilized  native 
tribes,  shall  be  admitted  to  the  enjoyment  of  all  the  rights,  advan 
tages,  and  immunities  of  citizens  of  the  United  States,  and  shall 
be  maintained  and  protected  in  the  free  enjoyment  of  their 
liberty,  property,  and  religion.  The  uncivilized  tribes  will  be 
subject  to  sucn  laws  and  regulations  as  the  United  States  may 
from  time  to  time  adopt  in  regard  to  aboriginal  tribes  of  that 
country. 

ARTICLE  IV. 

His  Majesty,  the  Emperor  of  all  the  Russias  shall  appoint, 
with  convenient  despatch,  an  agent  or  agents  for  the  purpose  of 
formally  delivering  to  a  similar  agent  or  agents,  appointed  on 
behalf  of  the  United  States,  the  territory,  dominion,  property,  de 
pendencies,  and  appurtenances  which  are  ceded  as  above,  and 
for  doing  any  other  act  which  may  be  necessary  in  regard 
thereto.  But  the  cession,  with  the  right  of  immediate  posses 
sion,  is  nevertheless  to  be  deemed  complete  and  absolute  on 
the  exchange  of  ratifications,  without  waiting  for  such  formal 
delivery. 

ARTICLE  V. 

Immediately  after  the  exchange  of  the  ratifications  of  this 
convention,  any  fortifications  or  military  posts  which  may  be  in 
the  ceded  territory  shall  be  delivered  to  the  agent  of  the  United 
States,  and  any  Russian  troops  which  may  be  in  the  territory 
shall  be  withdrawn  as  soon  as  may  be  reasonably  and  conven 
iently  practicable. 

ARTICLE  VI. 

In  consideration  of  the  cession  aforesaid,  the  United  States 
agree  to  pay  at  the  Treasury  in  Washington,  within  ten  months 
after  the  exchange  of  the  ratifications  of  this  convention,  to  the 


1867]  THIRD  RECONSTRUCTION  ACT  179 

diplomatic  representative  or  other  agent  of  His  Majesty  the 
Emperor  of  all  the  Russias,  duly  authorized  to  receive  the  same, 
seven  million  two  hundred  thousand  dollars  in  gold.  The  ces 
sion  of  territory  and  dominion  herein  made  is  hereby  declared 
to  be  free  and  unincumbered  by  any  reservations,  privileges, 
franchises,  grants,  or  possessions,  by  any  associated  companies, 
whether  corporate  or  incorporate,  Russian  or  any  other,  or  by 
any  parties  except  merely  private  individual  property-holders ; 
and  the  cession  hereby  made  conveys  all  the  rights,  franchises, 
and  privileges  now  belonging  to  Russia  in  the  said  territory  or 
dominion,  and  appurtenances  thereto. 

ARTICLE  VII. 

When  this  convention  shall  have  been  duly  ratified  by  the 
President  of  the  United  States,  by  and  with  the  advice  and  con 
sent  of  the  Senate,  on  the  one  part,  and,  on  the  other,  by  His 
Majesty  the  Emperor  of  all  the  Russias,  the  ratifications  shall 
be  exchanged  at  Washington  within  three  months  from  the  date 
hereof,  or  sooner  if  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed 
this  convention,  and  thereto  affixed  the  seals  of  their  arms. 

Done  at  Washington  the  thirtieth  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-seven. 

[SEAL.]  WILLIAM  H.  SEWARD. 

[SEAL.]  EDOUARD  DE  STOECKL. 


No.  64.     Third  Reconstruction  Act 

July  19,  1867 

THE  difficulties  encountered  by  the  military  commanders  in  enforcing  the 
acts  of  March  2  and  23,  1867,  especially  in  regard  to  the  oath  prescribed  in 
the  second  of  the  two  acts,  led  to  the  issue  on  June  20,  through  the  Adjutant 
General's  office,  and  with  the  approval  of  all  the  members  of  the  Cabinet  ex 
cept  Stanton,  of  instructions  setting  forth  the  view  of  the  Executive  as  to  the 
meaning  and  scope  of  the  acts  in  question.  From  the  standpoint  of  Congress, 
the  instructions  were  a  serious  limitation  on  the  effectiveness  of  the  acts. 


l8o  THIRD  RECONSTRUCTION  ACT  [July  19 

A  bill  to  interpret  and  give  effect  to  the  reconstruction  acts  of  March  2 
and  23  was  reported  in  the  Senate,  July  8,  by  Trumbull  of  Illinois,  from 
the  Committee  on  the  Judiciary,  but  was  laid  aside  on  the  nth  in  favor 
of  a  bill  of  similar  purport  which  had  passed  the  House.  The  Senate  then 
substituted  its  own  bill  for  the  House  bill,  the  bill  in  this  form  passing  by 
a  vote  of  32  to  6.  The  bill  received  its  final  form  from  a  conference  com 
mittee.  July  19  President  Johnson  vetoed  the  bill,  but  it  was  at  once  passed 
over  the  veto,  in  the  House  by  a  vote  of  109  to  25,  37  not  voting,  and  in  the 
Senate  by  a  vote  of  30  to  6.  A  joint  resolution  of  the  same  date  appropriated 
$1,000,000  to  carry  into  effect  the  reconstruction  acts. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XV,  14-16.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  ist  Sess.,  and  the 
Cong.  Globe.  For  the  opinions  of  Attorney  General  Stanbery,  May  24  and 
June  12,  see  Senate  Exec.  Doc.  14,  4Oth  Cong.,  ist  Sess.  The  executive  in 
structions  of  June  20  are  in  Richardson,  Messages  and  Papers  of  the  Presidents, 
VI,  552-556. 

An  Act  supplementary  to  an  Act  entitled  "An  Act  to  provide  for 
the  more  efficient  Government  of  the  Rebel  States"  passed  on 
the  second  day  of  March,  eighteen  hundred  and  seventy-seven, 
and  the  Act  supplementary  thereto,  passed  on  the  twenty-third 
day  of  March,  eighteen  hundred  and  seventy-seven. 

Be  it  enacted  .  .  .,  That  it  is  hereby  declared  to  have  been 
the  true  intent  and  meaning  .  .  .  [of  the  acts  of  March  2  and 
March  23,  1867]  .  .  .,  that  the  governments  then  existing  in 
the  rebel  States  of  Virginia,  North  Carolina,  South  Carolina, 
Georgia,  Mississippi,  Alabama,  Louisiana,  Florida,  Texas,  and 
Arkansas  were  not  legal  State  governments;  and  that  thereafter 
said  governments,  if  continued,  were  to  be  continued  subject 
in  all  respects  to  the  military  commanders  of  the  respective 
districts,  and  to  the  paramount  authority  of  Congress. 

SEC.  2.  And  be  it  further  enacted,  That  the  commander  of  any 
district  named  in  said  act  shall  have  power,  subject  to  the  dis 
approval  of  the  General  of  the  army  of  the  United  States,  and 
to  have  effect  till  disapproved,  whenever  in  the  opinion  of  such 
commander  the  proper  administration  of  said  act  shall  require 
it,  to  suspend  or  remove  from  office,  or  from  the  performance  of 
official  duties  and  the  exercise  of  official  powers,  any  officer  or 


i86;]  THIRD  RECONSTRUCTION  ACT  l8l 

person  holding  or  exercising,  or  professing  to  hold  or  exercise, 
any  civil  or  military  office  or  duty  in  such  district  under  any 
power,  election,  appointment  or  authority  derived  from,  or 
granted  by,  or  claimed  under,  any  so-called  State  or  the  govern 
ment  thereof,  or  any  municipal  or  other  division  thereof,  and 
upon  such  suspension  or  removal  such  commander,  subject  to 
the  disapproval  of  the  General  as  aforesaid,  shall  have  power  to 
provide  from  time  to  time  for  the  performance  of  the  said  duties 
of  such  officer  or  person  so  suspended  or  removed,  by  the  detail 
of  some  competent  officer  or  soldier  of  the  army,  or  by  the 
appointment  of  some  other  person,  to  perform  the  same,  and  to 
fill  vacancies  occasioned  by  death,  resignation,  or  otherwise. 

SEC.  3.  And  be  it  further  enacted.  That  the  General  of  the 
army  of  the  United  States  shall  be  invested  with  all  the  powers 
of  suspension,  removal,  appointment,  and  detail  granted  in  the 
preceding  section  to  district  commanders. 

SEC.  4.  And  be  it  further  enacted,  That  the  acts  of  the  officers 
of  the  army  already  done  in  removing  in  said  districts  persons 
exercising  the  functions  of  civil  officers,  and  appointing  others 
in  their  stead,  are  hereby  confirmed  :  Provided,  That  any  person 
heretofore  or  hereafter  appointed  by  any  district  commander  to 
exercise  the  functions  of  any  civil  office,  may  be  removed  either 
by  the  military  officer  in  command  of  the  district,  or  by  the 
General  of  the  army.  And  it  shall  be  the  duty  of  such  com 
mander  to  remove  from  office  as  aforesaid  all  persons  who  are 
disloyal  to  the  government  of  the  United  States,  or  who  use 
their  official  influence  in  any  manner  to  hinder,  delay,  prevent, 
or  obstruct  the  due  and  proper  administration  of  this  act  and 
the  acts  to  which  it  is  supplementary. 

SEC.  5.  And  be  it  further  enacted,  That  the  boards  of  regis 
tration  provided  for  in  the  act  ...  [of  March  23,  1867]  .  .  ., 
shall  have  power,  and  it  shall  be  their  duty  before  allowing  the 
registration  of  any  person,  to  ascertain,  upon  such  facts  or 
information  as  they  can  obtain,  whether  such  person  is  entitled 
to  be  registered  under  said  act,  and  the  oath  required  by  said 
act  shall  not  be  conclusive  on  such  question,  and  no  person 


1 82  THIRD   RECONSTRUCTION  ACT  [July  19 

shall  be  registered  unless  such  board  shall  decide  that  he  is 
entitled  thereto ;  and  such  board  shall  also  have  power  to  exam 
ine,  under  oath,  (to  be  administered  by  any  member  of  such 
board,)  any  one  touching  the  qualification  of  any  person  claim 
ing  registration  ;  but  in  every  case  of  refusal  by  the  board  to 
register  an  applicant,  and  in  every  case  of  striking  his  name 
from  the  list  as  hereinafter  provided,  the  board  shall  make  a 
note  or  memorandum,  which  shall  be  returned  with  the  registra 
tion  list  to  the  commanding  general  of  the  district,  setting  forth 
the  grounds  of  such  refusal  or  such  striking  from  the  list :  Pro 
vided,  That  no  person  shall  be  disqualified  as  member  of  any 
board  of  registration  by  reason  of  race  or  color. 

SEC.  6.  And  be  it  further  enacted,  That  the  true  intent  and 
meaning  of  the  oath  prescribed  in  said  supplementary  act  is, 
(among  other  things,)  that  no  person  who  has  been  a  member 
of  the  legislature  of  any  State,  or  who  has  held  any  executive 
or  judicial  office  in  any  State,  whether  he  has  taken  an  oath  to 
support  the  Constitution  of  the  United  States  or  not,  and  whether 
he  was  holding  such  office  at  the  commencement  of  the  rebel 
lion,  or  had  held  it  before,  and  who  has  afterwards  engaged  in 
insurrection  or  rebellion  against  the  United  States,  or  given  aid 
or  comfort  to  the  enemies  thereof,  is  entitled  to  be  registered 
or  to  vote ;  and  the  words  "  executive  or  judicial  office  in  any 
State  "  in  said  oath  mentioned  shall  be  construed  to  include  all 
civil  offices  created  by  law  for  the  administration  of  any  general 
law  of  a  State,  or  for  the  administration  of  justice. 

SEC.  7.  And  be  it  further  enacted,  That  the  time  for  complet 
ing  the  original  registration  provided  for  in  said  act  may,  in  the 
discretion  of  the  commander  of  any  district,  be  extended  to  the 
first  day  of  October,  eighteen  hundred  and  sixty-seven ;  and 
the  boards  of  registration  shall  have  power,  and  it  shall  be  their 
duty,  commencing  fourteen  days  prior  to  any  election  under 
said  act,  and  upon  reasonable  public  notice  of  the  time  and 
place  thereof,  to  revise,  for  a  period  of  five  days,  the  registra 
tion  lists,  and  upon  being  satisfied  that  any  person  not  entitled 
thereto  has  been  registered,  to  strike  the  name  of  such  person 


i86;]  REDUCTION  OF  THE  CURRENCY  183 

from  the  list,  and  such  person  shall  not  be  allowed  to  vote.  And 
such  board  shall  also,  during  the  same  period,  add  to  such  reg 
istry  the  names  of  all  persons  who  at  that  time  possess  the 
qualifications  required  by  said  act  who  have  not  been  already 
registered ;  and  no  person  shall,  at  any  time,  be  entitled  to 
be  registered  or  to  vote  by  reason  of  any  executive  pardon  or 
amnesty  for  any  act  or  thing  which,  without  such  pardon  or 
amnesty,  would  disqualify  him  from  registration  or  voting. 

SEC.  8.  And  be  it  further  enacted,  That  section  four  of  said 
last-named  act  shall  be  construed  to  authorize  the  commanding 
general  named  therein,  whenever  he  shall  deem  it  needful,  to 
remove  any  member  of  a  board  of  registration  and  to  appoint 
another  in  his  stead,  and  to  fill  any  vacancy  in  such  board. 

SEC.  9.  And  be  it  further  enacted.  That  all  members  of  said 
boards  of  registration  and  all  persons  hereafter  elected  or  ap 
pointed  to  office  in  said  military  districts,  under  any  so-called 
State  or  municipal  authority,  or  by  detail  or  appointment  of  the 
district  commanders,  shall  be  required  to  take  and  to  subscribe 
the  oath  of  office  prescribed  bylaw  for  officers  of  the  United  States. 

SEC.  10.  And  be  it  further  enacted,  That  no  district  com 
mander  or  member  of  the  board  of  registration,  or  any  of  the 
officers  or  appointees  acting  under  them,  shall  be  bound  in  his 
action  by  any  opinion  of  any  civil  officer  of  the  United  States. 

SEC.  ii.  And  be  it  further  enacted,  That  all  provisions  of  this 
act  and  of  the  acts  to  which  this  is  supplementary  shall  be  con 
strued  liberally,  to  the  end  that  all  the  intents  thereof  may  be 
fully  and  perfectly  carried  out. 


No.  65.     Act    suspending    Reduction    of    the 

Currency 

February  4,  1868 

A  BILL  to  prohibit  the  further  reduction  of  the  currency  was  introduced  in 
the  House,  November  21,  1867,  by  Ebon  C.  Ingersoll  of  Illinois,  and  referred 
to  the  Committee  of  Ways  and  Means.  December  5  the  committee  was  dis 
charged  from  further  consideration  of  the  bill,  and  a  new  bill  was  reported  by 


1 84  ARTICLES  OF  IMPEACHMENT  [March  2-3 

Schenck  of  Ohio,  and  recommitted.  The  bill  was  reported  without  amend 
ment  on  the  7th  and  passed,  the  vote  being  127  to  32,  28  not  voting.  A  sub 
stitute  amendment  was  agreed  to  by  the  Senate  January  9,  1868,  and  on  the 
1 5th  the  bill  with  further  amendments  passed,  the  vote  being  33  to  4,  16  not 
voting.  The  bill  received  its  final  form  from  a  conference  committee.  The 
bill  was  presented  to  the  President  January  23,  and  became  law  February  4 
under  the  ten  days  rule. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XV,  34.  For  the  proceed 
ings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  2d  Sess.,  and  the  Cong. 
Globe.  The  financial  situation  was  discussed  at  especial  length  in  the  Senate. 
See  also  Senate  Report  4. 

AN  A  CT  to  suspend  further  Reduction  of  the  Currency. 

Be  it  enacted  .  .  .,  That  from  and  after  the  passage  of  this 
act,  the  authority  of  the  Secretary  of  the  Treasury  to  make  any 
reduction  of  the  currency,  by  retiring  or  cancelling  United  States 
notes,  shall  be,  and  is  hereby,  suspended ;  but  nothing  herein 
contained  shall  prevent  the  cancellation  and  destruction  of 
mutilated  United  States  notes,  and  the  replacing  of  the  same 
with  notes  of  the  same  character  arid  amount. 


No.  66.     Articles  of  Impeachment 

March  2-3,  1868 

DECEMBER  17, 1866,  James  M.  Ashley  of  Ohio  moved  in  the  House  to  suspend 
the  rules  for  the  purpose  of  reporting  from  the  Committee  on  Territories  a 
resolution  for  the  appointment  of  a  select  committee  "  to  inquire  whether  any 
acts  have  been  done  by  any  officer  of  the  Government  of  the  United  States 
which,  in  contemplation  of  the  Constitution,  are  high  crimes  or  misdemeanors, 
and  whether  said  acts  were  designed  or  calculated  to  overthrow,  subvert,  or 
corrupt  the  Government  of  the  United  States,  or  any  department  thereof." 
The  vote  was  90  to  49,  but  two-thirds  being  necessary,  the  motion  was  lost. 
January  7,  1867,  resolutions  for  the  impeachment  of  President  Johnson  were 
offered  by  Benjamin  F.  Loan  and  John  R.  Kelso  of  Missouri,  and  referred, 
respectively,  to  the  Committee  on  Reconstruction  and  the  Committee  on  the 
Judiciary.  On  the  same  day  Ashley,  as  a  question  of  privilege,  impeached 
Johnson  of  high  crimes  and  misdemeanors,  charging  him  "  with  a  usurpation 
of  power  and  violation  of  law  "  in  having  corruptly  used  the  powers  of  ap- 


1868]  ARTICLES  OF  IMPEACHMENT  185 

pointment,  pardon,  and  veto,  "  corruptly  disposed  of  public  property  of  the 
United  States,"  and  "  corruptly  interfered  in  elections,  and  committed  acts 
which,  in  contemplation  of  the  Constitution,  are  high  crimes  and  misdemean 
ors."  By  a  vote  of  108  to  39  the  charges  were  referred  to  the  Committee  on 
the  Judiciary  for  investigation.  February  28  the  committee  reported  that, 
from  lack  of  time,  it  had  reached  no  conclusion.  March  7  a  resolution  sub 
mitted  by  Ashley  directed  the  continuance  of  the  investigation,  and  on  the 
29th,  on  motion  of  Sidney  Clarke  of  Kansas,  the  committee  was  requested  to 
report  at  the  first  meeting  of  the  House  after  the  recess.  November  25  George 
S.  Boutwell  of  Massachusetts  submitted  the  majority  report  of  the  committee. 
The  report  closed  with  a  resolution  that  the  President  "  be  impeached  for  high 
crimes  and  misdemeanors."  December  7,  by  a  vote  of  57  to  108,  the  resolu 
tion  was  disagreed  to.  The  evidence  taken  by  the  Committee  on  the  Judiciary, 
together  with  the  correspondence  between  Johnson  and  Grant,  was  referred 
to  the  Committee  on  Reconstruction.  February  21,  1868,  Stanton  communi 
cated  to  the  House  Johnson's  order  removing  him  from  the  office  of  Secretary 
of  War;  this,  with  a  resolution  for  the  impeachment  of  the  President,  was 
also  referred  to  the  Co.mmittee  on  Reconstruction.  On  the  22d  the  committee 
reported  a  resolution  recommending  impeachment,  which  was  agreed  to  on 
the  24th  by  a  vote  of  128  to  47.  Committees  were  appointed  to  prepare  the 
articles  of  impeachment  and  to  notify  the  Senate.  The  action  of  the  House 
was  communicated  to  the  Senate  on  the  25th.  Nine  articles  of  impeachment 
were  agreed  to  by  the  House  March  2,  two  additional  articles  being  approved 
the  following  day.  On  the  4th  the  articles  were  read  to  the  Senate,  and  on 
the  6th  an  order  was  entered  directing  the  issuance  of  a  summons  to  the  Presi 
dent  to  file  an  answer  to  the  charges,  the  order  being  made  returnable  March  13. 
A  request  for  more  time  in  which  to  prepare  an  answer  secured  an  extension 
to  the  23d.  On  that  date  the  answer  of  the  President  was  read.  A  request 
for  thirty  days  in  which  to  complete  preparations  for  the  trial  was  denied,  the 
vote  being  12  to  41.  The  trial  began  March  30,  Chief  Justice  Chase  presid 
ing,  and  continued  until  May  12.  May  16  a  vote  was  taken  on  Article  XI  of 
the  charges.  The  vote  was  35  "  guilty,"  19  "  not  guilty."  Votes  on  Articles  II 
and  III,  May  26,  showed  the  same  result,  whereupon  the  court,  by  a  vote  of 
34  to  1 6,  adjourned  sine  die.  Judgment  of  acquittal  was  entered  on  the  three 
articles  on  which  a  vote  was  taken. 

For  convenience,  the  votes  on  the  adoption  of  the  several  articles  are  given 
in  brackets  after  each  article  in  the  text  following. 

REFERENCES.  —  Text  in  House  Journal,  4Oth  Cong.,  2d  Sess.,  440-465.  For 
the  proceedings  prior  to  the  trial  see  the  House  and  Senate  Journals  and  the 
Cong.  Globe ;  for  the  trial  see  the  Senate  Journal,  Appendix,  and  the  Cong. 
Globe,  Supplement.  The  report  of  November  25,  1867,  is  House  Report  7, 4Oth 
Cong.,  ist  Sess.  On  the  Stanton-Grant  episode  see  House  Exec.  Docs.  5?  t 


1 86  ARTICLES  OF  IMPEACHMENT  [March  2-3 

168  and  183,  4Oth  Cong.,  2d  Sess.  Extracts  from  Johnson's  interviews  and 
speeches  are  given  in  McPherson,  Reconstruction,  44-63,  127-143.  The  early 
impeachment  testimony  is  in  House  Report  7,  4Oth  Cong.,  ist  Sess.;  for  the 
articles  and  fuller  testimony  see  House  Misc.  Doc.  97,  4Oth  Cong.,  2d  Sess. 
On  the  conduct  of  the  impeachment  see  House  Reports  fj.  and  75,  Senate 
Report  59,  and  Senate  Misc.  Doc.  43,  4Oth  Cong.,  2d  Sess.  Important  general 
references  are  De  Witt,  Impeachment  and  Trial  of  Andrew  Johnson;  Foster, 

Commentaries  on  the  Constitution,  I,  546-564;  Dunning,  Essays,  253-303; 
Storey,  Sumner,  chap.  19;  McCall,  Thaddeus  Stevens,  chaps.  15  and  18; 
Sherman,  Recollections,  I,  chap.  19;  Cox,  Three  Decades,  chap.  32;  Elaine, 

Twenty  Years  of  Congress,  II,  chap.  14. 

ARTICLE  I.  That  said  Andrew  Johnson,  President  of  the 
United  States,  on  the  twenty-first  day  of  February,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-eight,  at 
Washington,  in  the  District  of  Columbia,  unmindful  of  the  high 
duties  of  his  office,  of  his  oath  of  office,  and  of  the  requirement 
of  the  Constitution  that  he  should  take  care  that  the  laws  be 
faithfully  executed,  did  unlawfully,  and  in  violation  of  the  Con 
stitution  and  laws  of  the  United  States,  issue  an  order  in  writing 
for  the  removal  of  Edwin  M.  Stanton  from  the  office  of  Secre 
tary  for  the  Department  of  War,  said  Edwin  M.  Stanton  having 
been  theretofore  duly  appointed  and  commissioned,  by  and  with 
the  advice  and  consent  of  the  Senate  of  the  United  States,  as 
such  Secretary,  and  said  Andrew  Johnson,  President  of  the 
United  States,  on  the  twelfth  day  of  August,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-seven,  and  during 
the  recess  of  said  Senate,  having  suspended  by  his  order  Edwin 
M.  Stanton  from  said  office,  and  within  twenty  days  after  the 
first  day  of  the  next  meeting  of  said  Senate,  that  is  to  say,  on 
the  twelfth  day  of  December  in  the  year  last  aforesaid,  having 
reported  to  said  Senate  such  suspension  with  the  evidence  and 
reasons  for  his  action  in  the  case  and  the  name  of  the  person 
designated  to  perform  the  duties  of  such  office  temporarily  until 
the  next  meeting  of  the  Senate,  and  said  Senate  thereafterwards 
on  the  thirteenth  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-eight,  having  duly  considered 
the  evidence  and  reasons  reported  by  said  Andrew  Johnson  for 


1868]  ARTICLES   OF  IMPEACHMENT  l8/ 

said  suspension,  and  having  refused  to  concur  in  said  suspen 
sion,  whereby  and  by  force  of  the  provisions  of  an  act  entitled 
"  An  act  regulating  the  tenure  of  certain  civil  offices,"  passed 
March  second,  eighteen  hundred  and  sixty-seven,  said  Edwin 
M.  Stanton  did  forthwith  resume  the  functions  of  his  office, 
whereof  the  said  Andrew  Johnson  had  then  and  there  due  notice, 
and  said  Edwin  M.  Stanton,  by  reason  of  the  premises,  on  said 
twenty-first  day  of  February,  being  lawfully  entitled  to  hold 
said  office  of  Secretary  for  the  Department  of  War,  which  said 
order  for  the  removal  of  said  Edwin  M.  Stanton  is  in  substance 
as  follows,  that  is  to  say : 

EXECUTIVE  MANSION, 
Washington,  D.C.,  February  21,  1868. 

SIR  :  By  virtue  of  the  power  and  authority  vested  in  me  as  President  by 
the  Constitution  and  laws  of  the  United  States,  you  are  hereby  removed  from 
office  as  Secretary  for  the  Department  of  War,  and  your  functions  as  such  will 
terminate  upon  receipt  of  this  communication. 

You  will  transfer  to  Brevet  Major  General  Lorenzo  Thomas,  Adjutant 
General  of  the  army,  who  has  this  day  been  authorized  and  empowered  to 
act  as  Secretary  of  War  ad  interim,  all  records,  books,  papers,  and  other  pub 
lic  property  now  in  your  custody  and  charge. 

Respectfully,  yours,  ANDREW  JOHNSON. 

To  the  Hon.  EDWIN  M.  STANTON,  Washington,  D.C. 

Which  order  was  unlawfully  issued  with  intent  then  and  there 
to  violate  the  act  entitled  "  An  act  regulating  the  tenure  of  cer 
tain  civil  offices,"  passed  March  second,  eighteen  hundred  and 
sixty-seven,  and  with  the  further  intent,  contrary  to  the  provi 
sions  of  said  act,  in  violation  thereof,  and  contrary  to  the 
provisions  of  the  Constitution  of  the  United  States,  and  without 
the  advice  and  consent  of  the  Senate  of  the  United  States,  the 
said  Senate  then  and  there  being  in  session,  to  remove  said 
Edwin  M.  Stanton  from  the  office  of  Secretary  for  the  Depart 
ment  of  War,  the  said  Edwin  M.  Stanton  being  then  and  there 
Secretary  for  the  Department  of  War,  and  being  then  and  there 
in  the  due  and  lawful  execution  and  discharge  of  the  duties  of 
said  office,  whereby  said  Andrew  Johnson,  President  of  the 


1 88  ARTICLES  OF  IMPEACHMENT  [March  2-3 

United  States,  did  then  and  there  commit  and  was  guilty  of  a 
high  misdemeanor  in  office. 

[Agreed  to,  127  to  42,  20  not  voting.] 

ARTICLE  II.  That  on  said  twenty-first  day  of  February  ...*£ 
[1868]  .  .  .,  at  Washington,  in  the  District  of  Columbia,  said 
Andrew  Johnson  .  .  .,  unmindful  of  the  high  duties  of  his  office, 
of  his  oath  of  office,  and  in  violation  of  the  Constitution  of  the 
United  States,  and  contrary  to  the  provisions  of  ...  [the  Ten 
ure  of  Office  Act]  .  .  .,  without  the  advice  and  consent  of  the 
Senate  of  the  United  States,  said  Senate  then  and  there  being 
in  session,  and  without  authority  of  law,  did,  with  intent  to  vio 
late  the  Constitution  of  the  United  States,  and  the  act  aforesaid, 
issue  and  deliver  to  one  Lorenzo  Thomas  a  letter  of  authority 
in  substance  as  follows,  that  is  to  say : 

EXECUTIVE  MANSION, 
Washington,  D.C.,  February  21,  1868. 

SIR:  The  Hon.  Edwin  M.  Stanton  having  been  this  day  removed  from 
office  as  Secretary  for  the  Department  of  War,  you  are  hereby  authorized  and 
empowered  to  act  as  Secretary  of  War  ad  interim,  and  will  immediately  enter 
upon  the  discharge  of  the  duties  pertaining  to  that  office. 

Mr.  Stanton  has  been  instructed  to  transfer  to  you  all  the  records,  books, 
papers,  and  other  public  property  now  in  his  custody  and  charge. 

Respectfully,  yours,  ANDREW  JOHNSON. 

To  Brevet  Major  General  LORENZO  THOMAS, 
Adjutant  General  U.S.  Army,  Washington,  D.C. 

Then  and  there  being  no  vacancy  in  said  office  of  Secretary 
for  the  Department  of  War,  whereby  said  Andrew  Johnson, 
President  of  the  United  States,  did  then  and  there  commit  and 
was  guilty  of  a  high  misdemeanor  in  office. 

[Agreed  to,  124  to  41,  24  not  voting.] 

ARTICLE  III.  That  said  Andrew  Johnson,  .  .  .  [on  February 
21,  1868]  .  .  .,  at  Washington,  in  the  District  of  Columbia,  did 
commit  and  was  guilty  of  a  high  misdemeanor  in  office  in  this, 
that,  without  authority  of  law,  while  the  Senate  of  the  United 
States  was  then  and  there  in  session,  he  did  appoint  one  Lorenzo 


1 868]  ARTICLES  OF  IMPEACHMENT  189 

Thomas  to  be  Secretary  for  the  Department  of  War  ad  interim, 
without  the  advice  and  consent  of  the  Senate,  and  with  intent 
to  violate  the  Constitution  of  the  United  States,  no  vacancy  hav 
ing  happened  in  said  office  of  Secretary  for  the  Department  of 
War  during  the  recess  of  the  Senate,  and  no  vacancy  existing 
in  said  office  at  the  time.  .  .  . 

[Agreed  to,  124  to  40,  25  not  voting.] 

ARTICLE  IV.  That  said  Andrew  Johnson,  .  .  .  [on  February 
21,  1868]  .  .  .,  at  Washington,  in  the  District  of  Columbia,  did 
unlawfully  conspire  with  one  Lorenzo  Thomas,  and  with  other 
persons  to  the  House  of  Representatives  unknown,  with  intent, 
by  intimidation  and  threats,  unlawfully  to  hinder  and  prevent 
Edwin  M.  Stanton,  then  and  there  the  Secretary  for  the  De 
partment  of  War,  duly  appointed  under  the  laws  of  the  United 
States,  from  holding  said  office  of  Secretary  for  the  Department 
of  War,  contrary  to  and  in  violation  of  the  Constitution  of  the 
United  States,  and  of  the  provisions  of  an  act  entitled  "  An  act 
to  define  and  punish  certain  conspiracies,"  approved  July  thirty- 
first,  eighteen  hundred  and  sixty-one,  whereby  said  Andrew 
Johnson,  President  of  the  United  States,  did  then  and  there 
commit  and  was  guilty  of  a  high  crime  in  office. 

[Agreed  to,  127  to  42,  20  not  voting.] 

ARTICLE  V.  That  said  Andrew  Johnson,  .  .  .  [on  February 
21,  1868]  .  .  .,  and  on  divers  other  days  and  times  in  said 
year  .  .  .  [before  March  2,  1868]  .  .  .,  at  Washington,  in  the 
District  of  Columbia,  did  unlawfully  conspire  with  one  Lorenzo 
Thomas,  and  with  other  persons  to  the  House  of  Representatives 
unknown,  to  prevent  and  hinder  the  execution  of  ...  [the 
Tenure  of  Office  Act]  .  .  .,  and  in  pursuance  of  said  conspiracy 
did  unlawfully  attempt  to  prevent  Edwin  M.  Stanton,  then  and 
there  being  Secretary  for  the  Department  of  War,  duly  appointed 
and  commissioned  under  the  laws  of  the  United  States,  from 
holding  said  office,  whereby  the  said  Andrew  Johnson,  President 
of  the  United  States,  did  then  and  there  commit  and  was  guilty 
of  a  high  misdemeanor  in  office. 

[Agreed  to,  127  to  42,  20  not  voting.] 


1 90  ARTICLES  OF  IMPEACHMENT  [March  2-3 

ARTICLE  VI.  That  said  Andrew  Johnson,  .  .  .  [on  February 
21,  1868]  .  .  .,  at  Washington,  in  the  District  of  Columbia,  did 
unlawfully  conspire  with  one  Lorenzo  Thomas,  by  force  to  seize, 
take,  and  possess  the  property  of  the  United  States  in  the 
Department  of  War,  and  then  and  there  in  the  custody  and  charge 
of  Edwin  M.  Stanton,  Secretary  for  said  department,  contrary 
to  the  provisions  of  ...  [the  act  of  July  31,  1861]  .  .  .,  and 
with  intent  to  violate  and  disregard  .  .  .  [the  Tenure  of  Office 
Act]  .  .  .,  whereby  said  Andrew  Johnson,  President  of  the 
United  States,  did  then  and  there  commit  a  high  crime  in  office. 

[Agreed  to,  127  to  42,  20  not  voting.] 

ARTICLE  VII.  That  said  Andrew  Johnson,  .  .  .  [on  February 
21,  1868]  .  .  .,  at  Washington,  in  the  District  of  Columbia,  did 
unlawfully  conspire  with  one  Lorenzo  Thomas  with  intent  un 
lawfully  to  seize,  take,  and  possess  the  property  of  the  United 
States  in  the  Department  of  War,  in  the  custody  and  charge  of 
Edwin  M.  Stanton,  Secretary  for  said  department,  with  intent 
to  violate  and  disregard  .  .  .  [the  Tenure  of  Office  Act]  .  .  ., 
whereby  said  Andrew  Johnson,  President  of  the  United  States, 
did  then  and  there  commit  a  high  misdemeanor  in  office. 

[Agreed  to,  127  to  42,  20  not  voting.] 

ARTICLE  VIII.  That  said  Andrew  Johnson,  .  .  .  with  intent 
unlawfully  to  control  the  disbursements  of  the  moneys  appro 
priated  for  the  military  service  and  for  the  Department  of 
War,  .  .  .  [on  February  21,  1868]  .  .  .,  at  Washington,  in  the 
District  of  Columbia,  did  unlawfully  and  contrary  to  the  pro 
visions  of  ...  [the  Tenure  of  Office  Act]  .  .  .,  and  in  violation 
of  the  Constitution  of  the  United  States,  and  without  the  advice 
and  consent  of  the  Senate  of  the  United  States,  and  while  the 
Senate  was  then  and  there  in  session,  there  being  no  vacancy 
in  the  office  of  Secretary  for  the  Department  of  War,  and  with 
intent  to  violate  and  disregard  the  act  aforesaid,  then  and  there 
issue  and  deliver  to  one  Lorenzo  Thomas  a  letter  of  authority 
in  writing,  in  substance  as  follows,  that  is  to  say : 

[Here  follows  the  letter  of  appointment  as  in  Article  II.] 

Whereby   said   Andrew  Johnson,    President  of  the   United 


1868]  ARTICLES   OF  IMPEACHMENT  igi 

States,  did  then  and  there  commit  and  was  guilty  of  a  high 
misdemeanor  in  office. 

[Agreed  to,  127  to  42,  20  not  voting.] 

ARTICLE  IX.  That  said  Andrew  Johnson,  .  .  .  [on  February 
22,  1868]  .  .  .,  at  Washington,  in  the  District  of  Columbia,  in 
disregard  of  the  Constitution  and  the  laws  of  the  United  States 
duly  enacted,  as  commander-in-chief  of  the  army  of  the  United 
States,  did  bring  before  himself  then  and  there  William  H. 
Emory,  a  major  general  by  brevet  in  the  army  of  the  United 
States,  actually  in  command  of  the  department  of  Washington 
and  the  military  forces  thereof,  and  did  then  and  there,  as  such 
commander-in-chief,  declare  to  and  instruct  said  Emory  that 
part  of  a  law  of  the  United  States,  passed  March  second,  eigh 
teen  hundred  and  sixty-seven,  entitled  "  An  act  making  appro 
priations  for  the  support  of  the  army  for  the  year  ending  June 
thirtieth,  eighteen  hundred  and  sixty-eight,  and  for  other  pur 
poses,"  especially  the  second  section  thereof,  which  provides, 
among  other  things,  that  "  all  orders  and  instructions  relating  to 
military  operations  issued  by  the  President  or  Secretary  of  War 
shall  be  issued  through  the  General  of  the  army,  and  in  case  of 
his  inability  through  the  next  in  rank,"  was  unconstitutional,  and 
in  contravention  of  the  commission  of  said  Emory,  and  which 
said  provision  of  law  had  been  theretofore  duly  and  legally  pro 
mulgated  by  General  Order  for  the  government  and  direction 
of  the  army  of  the  United  States,  as  the  said  Andrew  Johnson 
then  and  there  well  knew,  with  intent  thereby  to  induce  said 
Emory  in  his  official  capacity  as  commander  of  the  department 
of  Washington  to  violate  the  provisions  of  said  act,  and  to  take 
and  receive,  act  upon,  and  obey  such  orders  as  he,  the  said 
Andrew  Johnson,  might  make  and  give,  and  which  should  not 
be  issued  through  the  General  of  the  army  of  the  United  States, 
according  to  the  provisions  of  said  act,  and  with  the  further  in 
tent  thereby  to  enable  him,  the  said  Andrew  Johnson,  to  prevent 
the  execution  of  ...  [the  Tenure  of  Office  Act]  .  .  .,  and  to 
unlawfully  prevent  Edwin  M.  Stanton,  then  being  Secretary  for 
the  Department  of  War,  from  holding  said  office  and  discharg- 


192  ARTICLES  OF  IMPEACHMENT  [March  2-3 

ing  the  duties  thereof,  whereby  said  Andrew  Johnson,  President 
of  the  United  States,  did  then  and  there  commit  and  was  guilty 
of  a  high  misdemeanor  in  office. 

[Agreed  to,'  108  to  41,  40  not  voting.] 

ARTICLE  X.  That  said  Andrew  Johnson,  President  of  the 
United  States,  unmindful  of  the  high  duties  of  his  office  and  the 
dignity  and  proprieties  thereof,  and  of  the  harmony  and  courte 
sies  which  ought  to  exist  and  be  maintained  between  the  execu 
tive  and  legislative  branches  of  the  government  of  the  United 
States,  designing  and  intending  to  set  aside  the  rightful 
authority  and  powers  of  Congress,  did  attempt  to  bring  into 
disgrace,  ridicule,  hatred,  contempt,  and  reproach  the  Congress 
of  the  United  States,  and  the  several  branches  thereof,  to  im 
pair  and  destroy  the  regard  and  respect  of  all  the  good  people 
of  the  United  States  for  the  Congress  and  legislative  power 
thereof,  (which  all  officers  of  the  government  ought  inviolably 
to  preserve  and  maintain,)  and  to  excite  the  odium  and  resent 
ment  of  all  the  good  people  of  the  United  States  against  Con 
gress  and  the  laws  by  it  duly  and  constitutionally  enacted  ;  and  in 
pursuance  of  his  said  design  and  intent  openly  and  publicly,  and 
before  divers  assemblages  of  the  citizens  of  the  United  States 
convened  in  divers  parts  thereof  to  meet  and  receive  said 
Andrew  Johnson  as  the  Chief  Magistrate  of  the  United  States, 
did,  .  .  .  [on  August  18,  1866]  .  .  .,  and  on  divers  other  days 
and  times,  as  well  before  as  afterward,  make  and  deliver  with  a 
loud  voice  certain  intemperate,  inflammatory  and  scandalous 
harangues,  and  did  therein  utter  loud  threats  and  bitter  menaces 
as  well  against  Congress  as  the  laws  of  the  United  States  duly 
enacted  thereby,  amid  the  cries,  jeers,  and  laughter  of  the  mul 
titudes  then  assembled  and  in  hearing,  which  are  set  forth  in 
the  several  specifications  hereinafter  written,  in  substance  and 
effect,  that  is  to  say  : 

SPECIFICATION  FIRST.  In  this,  that  at  Washington,  in  the 
District  of  Columbia,  in  the  Executive  Mansion,  to  a  committee 
of  citizens  who  called  upon  the  President  of  the  United  States, 
speaking  of  and  concerning  the  Congress  of  the  United  States, 


i868]  ARTICLES  OF  IMPEACHMENT  193 

said  Andrew  Johnson,  President  of  the  United  States,  hereto 
fore,  to  wit,  .  .  .  [on  August  18,  1866]  .  .  .,  did,  in  a  loud  voice, 
declare  in  substance  and  effect,  among  other  things,  that  is  to 
say : 

"  So  far  as  the  executive  department  of  the  government  is 
concerned,  the  effort  has  been  made  to  restore  the  Union,  to 
heal  the  breach,  to  pour  oil  into  the  wounds  which  were  conse 
quent  upon  the  struggle,  and  (to  speak  in  common  phrase)  to 
prepare,  as  the  learned  and  wise  physician  would,  a  plaster  heal 
ing  in  character  and  coextensive  with  the  wound.  We  thought, 
and  we  think,  that  we  had  partially  succeeded ;  but  as  the 
work  progresses,  as  reconstruction  seemed  to  be  taking  place, 
and  the  country  was  becoming  reunited,  we  found  a  disturbing 
and  marring  element  opposing  us.  In  alluding  to  that  element, 
I  shall  go  no  further  than  your  convention  and  the  distinguished 
gentleman  who  has  delivered  to  me  the  report  of  its  proceed 
ings.  I  shall  make  no  reference  to  it  that  I  do  not  believe  the 
time  and  occasion  justify. 

"  We  have  witnessed  in  one  department  of  the  government 
every  endeavor  to  prevent  the  restoration  of  peace,  harmony, 
and  union.  We  have  seen  hanging  upon  the  verge  of  the  gov 
ernment,  as  it  were,  a  body  called,  or  which  assumes  to  be,  the 
Congress  of  the  United  States,  while  in  fact  it  is  a  Congress  of 
only  a  part  of  the  States.  We  have  seen  this  Congress  pretend 
to  be  for  the  Union,  when  its  every  step  and  act  tended  to  per 
petuate  disunion  and  make  a  disruption  of  the  States  inevitable. 
*  *  *  We  have  seen  Congress  gradually  encroach,  step  by 
step,  upon  constitutional  rights,  and  violate,  day  after  day  and 
month  after  month,  fundamental  principles  of  the  government. 
We  have  seen  a  Congress  that  seemed  to  forget  that  there  was 
a  limit  to  the  sphere  and  scope  of  legislation.  We  have  seen  a 
Congress  in  a  minority  assume  to  exercise  power  which,  allowed 
to  be  consummated,  would  result  in  despotism  or  monarchy 
itself." 

SPECIFICATION  SECOND.  In  this,  that  at  Cleveland,  in  the 
State  of  Ohio,  heretofore,  to  wit, .  .  .  [on  September  3,  1866] 


194  ARTICLES  OF  IMPEACHMENT  [March  2-3 

.  .  .,  before  a  public  assemblage  of  citizens  and  others,  said 
Andrew  Johnson,  .  .  .  speaking  of  and  concerning  the  Congress 
of  the  United  States,  did,  in  a  loud  voice,  declare  in  substance 
and  effect,  among  other  things,  that  is  to  say : 

"  I  will  tell  you  what  I  did  do.  I  called  upon  your  Congress 
that  is  trying  to  break  up  the  government." 

******* 

"  In  conclusion,  beside  that,  Congress  had  taken  much  pains 
to  poison  their  constituents  against  him.  But  what  had  Con 
gress  done  ?  Have  they  done  anything  to  restore  the  union  of 
these  States  ?  No ;  on  the  contrary,  they  had  done  everything 
to  prevent  it ;  and  because  he  stood  now  where  he  did  when  the 
rebellion  commenced,  he  had  been  denounced  as  a  traitor.  Who 
had  run  greater  risks  or  made  greater  sacrifices  than  himself  ? 
But  Congress,  factious  and  domineering,  had  undertaken  to 
poison  the  minds  of  the  American  people." 

SPECIFICATION  THIRD.  In  this,  that  at  St.  Louis,  in  the 
State  of  Missouri,  heretofore,  to  wit,  .  .  .  [on  September  8, 
1866]  .  .  .,  before  a  public  assemblage  of  citizens  and  others, 
said  Andrew  Johnson,  .  .  .  speaking  of  and  concerning  the 
Congress  of  the  United  States,  did,  in  a  loud  voice,  declare,  in 
substance  and  effect,  among  other  things,  that  is  to  say : 

"  Go  on.  Perhaps  if  you  had  a  word  or  two  on  the  subject  of 
New  Orleans  you  might  understand  more  about  it  than  you  do. 
And  if  you  will  go  back  —  if  you  will  go  back  and  ascertain  the 
cause  of  the  riot  at  New  Orleans  perhaps  you  will  not  be  so 
prompt  in  calling  out  '  New  Orleans.'  If  you  will  take  up  the 
riot  at  New  Orleans  and  trace  it  back  to  its  source  or  its  imme 
diate  cause,  you  will  find  out  who  was  responsible  for  the  blood 
that  was  shed  there.  If  you  will  take  up  the  riot  at  New 
Orleans  and  trace  it  back  to  the  radical  Congress,  you  will  find 
that  the  riot  at  New  Orleans  was  substantially  planned.  If  you 
will  take  up  the  proceedings  in  their  caucuses  you  will  under 
stand  that  they  there  knew  that  a  convention  was  to  be  called 
which  was  extinct  by  its  power  having  expired  ;  that  it  was  said 
that  the  intention  was  that  a  new  government  was  to  be  organ- 


1 868]  ARTICLES  OF  IMPEACHMENT  1 95 

ized,  and  on  the  organization  of  that  government  the  intention 
was  to  enfranchise  one  portion  of  the  population,  called  the  col 
ored  population,  who  had  just  been  emancipated,  and  at  the 
same  time  disfranchise  white  men.  When  you  design  to  talk 
about  New  Orleans  you  ought  to  understand  what  you  are  talk 
ing  about.  When  you  read  the  speeches  that  were  made,  and 
take  up  the  facts  on  the  Friday  and  Saturday  before  that  con 
vention  sat,  you  will  there  find  that  speeches  were  made  incen 
diary  in  their  character,  exciting  that  portion  of  the  population, 
the  black  population,  to  arm  themselves  and  prepare  for  the 
shedding  of  blood.  You  will  also  find  that  that  convention  did 
assemble  in  violation  of  law,  and  the  intention  of  that  conven 
tion  was  to  supersede  the  reorganized  authorities  in  the  State 
government  of  Louisiana,  which  had  been  recognized  by  the 
government  of  the  United  States ;  and  every  man  engaged  in 
that  rebellion  in  that  convention,  with  the  intention  of  supersed 
ing  and  upturning  the  civil  government  which  had  been  recog 
nized  by  the  government  of  the  United  States,  I  say  that  he  was 
a  traitor  to  the  Constitution  of  the  United  States,  and  hence  you 
find  that  another  rebellion  was  commenced,  having  its  origin  in 
the  radical  Congress. 

******* 

"  So  much  for  the  New  Orleans  riot.  And  there  was  the 
cause  and  the  origin  of  the  blood  that  was  shed  ;  and  every 
drop  of  blood  that  was  shed  is  upon  their  skirts  and  they  are 
responsible  for  it.  I  could  test  this  thing  a  little  closer,  but 
will  not  do  it  here  to-night.  But  when  you  talk  about  the 
causes  and  consequences  that  resulted  from  proceedings  of  that 
kind,  perhaps,  as  I  have  been  introduced  here,  and  you  have 
provoked  questions  of  this  kind,  though  it  does  not  provoke 
me,  I  will  tell  you  a  few  wholesome  things  that  have  been 
done  by  this  radical  Congress  in  connection  with  New  Orleans 
and  the  extension  of  the  elective  franchise. 

"  I  know  that  I  have  been  traduced  and  abused.  I  know  it 
has  come  in  advance  of  me  here  as  elsewhere  —  that  I  have 
attempted  to  exercise  an  arbitrary  power  in  resisting  laws  that 


1 96  ARTICLES  OF  IMPEACHMENT  [March  2-3 

/ 

were  intended  to  be  forced  upon  the  government;  that  I  had 
exercised  that  power ;  that  I  had  abandoned  the  party  that 
elected  me,  and  that  I  was  a  traitor,  because  I  exercised  the 
veto  power  in  attempting  and  did  arrest  for  a  time  a  bill  that 
was  called  a  '  Freedman's  Bureau '  bill ;  yes,  that  I  was  a 
traitor.  And  I  have  been  traduced,  I  have  been  slandered,  I 
have  been  maligned,  I  have  been  called  Judas  Iscariot,  and  all 
that.  Now,  my  countrymen  here  to-night,  it  is  very  easy  to 
indulge  in  epithets ;  it  is  easy  to  call  a  man  Judas,  and  cry  out 
traitor ;  but  when  he  is  called  upon  to  give  arguments  and  facts 
he  is  very  often  found  wanting.  Judas  Iscariot  —  Judas.  There 
was  a  Judas,  and  he  was  one  of  the  twelve  apostles.  Oh  yes, 
the  twelve  apostles  had  a  Christ.  The  twelve  apostles  had  a 
Christ,  and  he  never  could  have  had  a  Judas  unless  he  had 
had  twelve  apostles.  If  I  have  played  the  Judas,  who  has 
been  my  Christ  that  I  have  played  the  Judas  with  ?  Was  it 
Thad.  Stevens  ?  Was  it  Wendell  Phillips  ?  Was  it  Charles 
Sumner  ?  These  are  the  men  that  stop  and  compare  them 
selves  with  the  Saviour  ;  and  everybody  that  differs  with  them 
in  opinion,  and  to  try  to  stay  and  arrest  their  diabolical  and 
nefarious  policy,  is  to  be  denounced  as  a  Judas." 

******* 

"Well,  let  me  say  to  you,  if  you  will  stand  by  me  in  this 
action,  if  you  will  stand  by  me  in  trying  to  give  the  people  a  fair 
chance  —  soldiers  and  citizens  —  to  participate  in  these  offices, 
God  being  willing,  I  will  kick  them  out.  I  will  kick  them  out 
just  as  fast  as  I  can. 

"  Let  me  say  to  you,  in  concluding,  that  what  I  have  said  I 
intended  to  say.  I  was  not  provoked  into  this,  and  I  care  not 
for  their  menaces,  the  taunts,  and  the  jeers.  I  care  not  for 
threats.  I  do  not  intend  to  be  bullied  by  my  enemies  nor 
overawed  by  my  friends.  But  God  willing,  with  your  help,  I 
will  veto  their  measures  whenever  any  of  them  come  to  me." 

Which  said  utterances,  declarations,  threats,  and  harangues, 
highly  censurable  in  any,  are  peculiarly  indecent  and  unbe 
coming  in  the  Chief  Magistrate  of  the  United  States,  by  means 


i868]  ARTICLES  OF  IMPEACHMENT  197 

whereof  said  Andrew  Johnson  has  brought  the  high  office  of 
the  President  of  the  United  States  into  contempt,  ridicule,  and 
disgrace,  to  the  great  scandal  of  all  good  citizens,  whereby  said 
Andrew  Johnson,  President  of  the  United  States,  did  commit 
and  was  then  and  there  guilty  of  a  high  misdemeanor  in  office. 

[Agreed  to,  88  to  44,  57  not  voting.] 

ARTICLE  XI.  That  said  Andrew  Johnson,  President  of  the 
United  States,  unmindful  of  the  high  duties  of  his  office  and 
of  his  oath  of  office,  and  in  disregard  of  the  Constitution  and 
laws  of  the  United  States,  did  heretofore,  to  wit:  on  the  i8th 
day  of  August,  1866,  at  the  city  of  Washington,  and  the  District 
of  Columbia,  by  public  speech,  declare  and  affirm,  in  substance, 
that  the  thirty-ninth  Congress  of  the  United  States  was  not  a 
Congress  of  the  United  States  authorized  by  the  Constitution 
to  exercise  legislative  power  under  the  same ;  but,  on  the  con 
trary,  was  a  Congress  of  only  part  of  the  States,  thereby 
denying  and  intending  to  deny  that  the  legislation  of  said 
Congress  was  valid  or  obligatory  upon  him,  the  said  Andrew 
Johnson,  except  in  so  far  as  he  saw  fit  to  approve  the  same, 
and  also  thereby  denying  and  intending  to  deny  the  power  of 
the  said  thirty-ninth  Congress  to  propose  amendments  to  the 
Constitution  of  the  United  States ;  and  in  pursuance  of  said 
declaration,  the  said  Andrew  Johnson,  President  of  the  United 
States,  afterward,  to  wit,  on  the  2ist  day  of  February,  1868,  at 
the  city  of  Washington,  in  the  District  of  Columbia,  did  unlaw 
fully  and  in  disregard  of  the  requirements  of  the  Constitution, 
that  he  should  take  care  that  the  laws  be  faithfully  executed, 
attempt  to  prevent  the  execution  of  ...  [the  Tenure  of  Office 
Act]  .  .  .,  by  unlawfully  devising  and  contriving,  and  attempting 
to  devise  and  contrive,  means  by  which  he  should  prevent  Edwin 
M.  Stanton  from  forthwith  resuming  the  functions  of  the  office 
of  Secretary  for  the  Department  of  War,  notwithstanding  the 
refusal  of  the  Senate  to  concur  in  the  suspension  theretofore  made 
by  said  Andrew  Johnson  of  said  Edwin  M.  Stanton  from  said 
office  of  Secretary  for  the  Department  of  War,  and  also  by  further 
unlawfully  devising  and  contriving  and  attempting  to  devise  and 


198  FOURTH   RECONSTRUCTION  ACT  [March  II 

contrive  means  then  and  there  to  prevent  the  execution  of 
an  act  entitled  "  An  act  making  appropriations  for  the  support 
of  the  army  for  the  fiscal  year  ending  June  30,  1868,  and  for 
other  purposes,"  approved  March  2,  1867,  and  also  to  prevent 
the  execution  of  an  act  entitled  "  An  act  to  provide  for  the 
more  efficient  government  of  the  rebel  States,"  passed  March 
2,  1867  ;  whereby  the  said  Andrew  Johnson,  President  of  the 
United  States,  did  then,  to  wit,  on  the  2ist  day  of  February, 
1868,  at  the  city  of  Washington,  commit  and  was  guilty  of  a 
high  misdemeanor  in  office. 

[Agreed  to,  109  to  32,  48  not  voting.] 


No.  67.     Fourth  Reconstruction  Act 

March  iz,  1868 

A  BILL  "  to  facilitate  the  restoration  of  the  late  rebel  States  "  was  intro 
duced  in  the  House,  December  5,  1867,  by  Ashley  of  Ohio,  and  referred  to 
the  Committee  on  the  Judiciary.  On  the  i8th  the  bill  was  withdrawn  in  favor 
of  a  bill  of  similar  purport,  substantially  identical  with  the  act  as  passed, 
brought  forward  by  Thaddeus  Stevens.  The  latter  bill  passed  the  House  the 
same  day  by  a  vote  of  104  to  37, 47  not  voting.  The  bill  was  not  at  once  con 
sidered  in  the  Senate.  The  rejection,  February  4,  1868,  of  the  proposed  con 
stitution  of  Alabama,  however,  when  "the  registered  voters  refrained  from 
voting  upon  the  question  of  ratification  in  sufficient  numbers  to  reduce  the 
vote  to  several  thousand  less  than  half  the  registration,"  hastened  action. 
A  substitute  for  the  House  bill  was  reported  February  17,  and  on  the  26th 
was  agreed  to,  the  vote  being  28  to  6.  The  House,  by  a  vote  of  96  to  32, 
61  not  voting,  concurred.  March  1 1  the  bill  became  law  by  the  ten  days 
rule. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XV,  41.  For  the  proceed 
ings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  2d  Sess.,  and  the  Cong. 
Globe.  The  text  of  Ashley's  bill  is  in  the  Globe,  December  18,  House  pro 
ceedings.  On  elections  in  the  Southern  States  see  House  Exec.  Doc.  2gi,  4Oth 
Cong.,  ist  Sess.;  annual  report  of  the  Secretary  of  War,  1868. 


1868]  RESTORATION  OF  ARKANSAS  199 

An  Act  to  amend  the  Act  passed  March  twenty-third,  eighteen 
hundred  and  sixty-seven,  entitled  "An  Act  supplementary  to 
'  an  act  to  provide  for  the  more  efficient  government  of  the  rebel 
States,'  passed  March  second,  eighteen  hundred  and  sixty-seven, 
and  to  facilitate  their  restoration" 

Be  it  enacted  .  .  .,  That  hereafter  any  election  authorized 
by  the  act  [of  March  23,  1867]  .  .  .,  shall  be  decided  by  a 
majority  of  the  votes  actually  cast ;  and  at  the  election  in  which 
the  question  of  the  adoption  or  rejection  of  any  constitution  is 
submitted,  any  person  duly  registered  in  the  State  may  vote  in 
the  election  district  where  he  offers  to  vote  when  he  has  resided 
therein  for  ten  days  next  preceding  such  election,  upon  pre 
sentation  of  his  certificate  of  registration,  his  affidavit,  or  other 
satisfactory  evidence,  under  such  regulations  as  the  district 
commanders  may  prescribe. 

SEC.  2.  And  be  it  further  enacted,  That  the  constitutional 
convention  of  any  of  the  States  mentioned  in  the  acts  to  which 
this  is  amendatory  may  provide  that  at  the  time  of  voting  upon 
the  ratification  of  the  constitution  the  registered  voters  may 
vote  also  for  members  of  the  House  of  Representatives  of  the 
United  States,  and  for  all  elective  officers  provided  for  by  the 
said  constitution ;  and  the  same  election  officers  who  shall  make 
the  return  of  the  votes  cast  on  the  ratification  or  rejection  of 
the  constitution,  shall  enumerate  and  certify  the  votes  cast  for 
members  of  Congress. 


No.   68.     Act    admitting    Arkansas    to    Repre 
sentation  in    Congress 

June  22,  1868 

UNDER  Lincoln's  proclamation  of  December  8,  1863  [No.  35],  Arkansas 
formed  a  State  government,  but  its  representatives  were  refused  admittance  by 
Congress,  and  the  joint  resolution  of  February  8,  1865  [No.  43],  included  the 
State  in  the  list  of  those  whose  electoral  votes  should  not  be  counted.  The 


200  RESTORATION   OF  ARKANSAS  [June  22 

reconstruction  government  was,  however,  recognized  by  President  Johnson, 
and  the  State  was  counted  in  the  list  of  those  whose  legislatures  had  ratified 
the  Thirteenth  Amendment.  The  first  reconstruction  act  of  March  2,  1867 
[No.  56],  placed  Arkansas  in  the  fourth  military  division,  and  the  rehabilita 
tion  of  the  State  proceeded  under  the  military  government.  The  narrow 
majority  in  favor  of  the  ratification  of  the  State  constitution,  March  13,  1868, 
led  to  the  introduction  of  a  bill  to  admit  Arkansas  to  representation  in  Con 
gress.  The  bill  was  reported  in  the  House,  May  7,  by  Thaddeus  Stevens, 
from  the  Joint  Committee  on  Reconstruction,  and  passed  the  next  day  by 
a  vote  of  1 10  to  32,  48  not  voting.  In  the  Senate  an  amendment  prohibiting 
the  abridgment  of  the  elective  franchise,  etc.,  on  account  of  race  or  color  was 
agreed  to,  June  I,  by  a  vote  of  26  to  14,  and  the  bill  passed,  the  final  vote  be 
ing  34  to  8.  The  House  refused  to  concur,  and  the  bill  received  its  final  form 
from  a  conference  committee.  The  report  of  the  committee  was  agreed  to  by 
the  Senate  June  6,  and  by  the  House  June  8.  On  the  2Oth  the  bill  was 
vetoed  by  President  Johnson,  but  was  passed  over  the  veto,  in  the  House  the 
same  day  by  a  vote  of  in  to  31,  48  not  voting,  and  in  the  Senate  June  22,  by 
a  vote  of  30  to  7.  Senators  from  the  State  qualified  June  23,  and  Repre 
sentatives  June  24. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XV,  72.  For  the  proceed 
ings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  2d  Sess.,  and  the  Cong. 
Globe.  On  the  election  in  Arkansas  see  House  Exec.  Doc.  278 ;  on  the  ratifi 
cation  of  the  Fourteenth  Amendment,  House  Misc.  Doc.  118,  ibid. 

AN  ACT  to  admit  the  State  of  Arkansas  to  representation  in 

Congress. 

WHEREAS  the  people  of  Arkansas,  in  pursuance  of  the  pro 
visions  of  an  act  entitled  "  An  act  for  the  more  efficient  gov 
ernment  of  the  rebel  States,"  passed  March  second,  eighteen 
hundred  and  sixty-seven,  and  the  acts  supplementary  thereto, 
have  framed  and  adopted  a  constitution  of  State  government, 
which  is  republican,  and  the  legislature  of  said  State  has  duly 
ratified  the  amendment  to  the  Constitution  of  the  United  States 
proposed  by  the  thirty-ninth  Congress,  and  known  as  article 
fourteen  :  Therefore, 

Be  it  enacted  .  .  .,  That  the  State  of  Arkansas  is  entitled 
and  admitted  to  representation  in  Congress  as  one  of  the  States 
of  the  Union  upon  the  following  fundamental  condition  :  That 
the  constitution  of  Arkansas  shall  never  be  so  amended  or 


1868]  RESTORATION  OF  CERTAIN   STATES  2OI 

changed  as  to  deprive  any  citizen  or  class  of  citizens  of  the 
United  States  of  the  right  to  vote  who  are  entitled  to  vote  by 
the  constitution  herein  recognized,  except  as  a  punishment  for 
such  crimes  as  are  now  felonies  at  common  law,  whereof  they 
shall  have  been  duly  convicted,  under  laws  equally  applicable 
to  all  the  inhabitants  of  said  State :  Provided,  That  any  altera 
tion  of  said  constitution  prospective  in  its  effect  may  be  made 
in  regard  to  the  time  and  place  of  residence  of  voters. 


No.  69.  Act  admitting  North  Carolina,  South 
Carolina,  Louisiana,  Georgia,  Alabama,  and 
Florida  to  Representation  in  Congress 

June  25,  1868 

As  a  result  of  the  vote  on  the  ratification  of.  the  State  constitution  of  Ala 
bama,  a  bill  to  restore  Alabama  to  the  Union  was  introduced  in  the  House, 
March  10,  1868,  by  Thaddeus  Stevens.  A  substitute  for  this  bill  passed  the 
House,  but  was  indefinitely  postponed  by  the  Senate.  May  1 1  a  bill  to  admit 
North  Carolina,  South  Carolina,  Louisiana,  Georgia,  and  Alabama  to  repre 
sentation  in  Congress  was  reported  by  Stevens  from  the  Joint  Committee  on 
Reconstruction.  An  amendment  striking  out  Alabama  from  the  list  of  States 
was  rejected  by  a  vote  of  60  to  74,  55  not  voting.  On  the  I4th  the  amended 
bill  passed  the  House,  the  vote  being  no  to  35,  44  not  voting.  June  10  the 
Senate,  by  a  vote  of  22  to  21,  included  Florida,  and  the  bill  with  further 
amendments  passed,  the  vote  being  31  to  5.  The  House  concurred  in  the 
Senate  amendments  by  a  vote  of  in  to  28,  50  not  voting,  an  amendment 
striking  out  Florida  being  rejected  by  a  vote  of  45  to  99,  45  not  voting.  The 
bill  was  vetoed  by  President  Johnson  June  25,  and  passed  over  the  veto 
the  same  day,  in  the  House  by  a  vote  of  108  to  32,  54  not  voting,  and  in 
the  Senate  by  a  vote  of  35  to  8. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XV,  73,  74.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  On  Alabama  see  House  Exec.  Docs.  302  and  303,  and  House 
Report  21,  4Oth  Cong.,  2d  Sess. ;  on  North  Carolina,  South  Carolina,  Georgia, 
and  Louisiana,  House  Exec.  Docs.  281,300,  and 301, 40th  Cong.,  2d  Sess.,  and 
Senate  Exec.  Doc.  15,  40  Cong.,  3d  Sess. ;  on  Florida,  House  Misc,  Docs.  ioq 
and  114,  4oth  Cong.,  2d  Sess. 


2O2  RESTORATION  OF  CERTAIN   STATES  [June  25 

An  Act  to  admit  the  States  of  North  Carolina,  South  Carolina, 
Louisiana,  Georgia,  Alabama,  and  Florida,  to  Representation 
in  Congress. 

WHEREAS  the  people  of  North  Carolina,  South  Carolina,  Lou 
isiana,  Georgia,  Alabama,  and  Florida  have,  in  pursuance  of  the 
provisions  of  an  act  entitled  "  An  act  for  the  more  efficient  gov 
ernment  of  the  rebel  States,"  passed  March  second,  eighteen 
hundred  and  sixty-seven,  and  the  acts  supplementary  thereto, 
framed  constitutions  of  State  government  which  are  republican, 
and  have  adopted  said  constitutions  by  large  majorities  of  the 
votes  cast  at  the  elections  held  for  the  ratification  or  rejection 
of  the  same:  Therefore, 

Be  it  enacted  .  .  .,  That  each  of  the  States  of  North  Caro 
lina,  South  Carolina,  Louisiana,  Georgia,  Alabama,  and  Florida, 
shall  be  entitled  and  admitted  to  representation  in  Congress  as 
a  State  of  the  Union  when  the  legislature  of  such  State  shall 
have  duly  ratified  the  amendment  to  the  Constitution  of  the 
United  States  proposed  by  the  Thirty-ninth  Congress,  and 
known  as  article  fourteen,  upon  the  following  fundamental  con 
ditions  :  That  the  constitutions  of  neither  of  said  States  shall 
ever  be  so  amended  or  changed  as  to  deprive  any  citizen  or 
class  of  citizens  of  the  United  States  of  the  right  to  vote  in 
said  State,  who  are  entitled  to  vote  by  the  constitution  thereof 
herein  recognized,  except  as  a  punishment  for  such  crimes  as 
are  now  felonies  at  common  law,  whereof  they  shall  have  been 
duly  convicted  under  laws  equally  applicable  to  all  the  inhabit 
ants  of  said  State :  Provided,  That  any  alteration  of  said  con 
stitution  may  be  made  with  regard  to  the  time  and  place  of 
residence  of  voters ;  and  the  State  of  Georgia  shall  only  be 
entitled  and  admitted  to  representation  upon  this  further  funda 
mental  condition  :  that  the  first  and  third  subdivisions  of  section 
seventeen  of  the  fifth  article  of  the  constitution  of  said  State, 
except  the  proviso  to  the  first  subdivision,  shall  be  null  and 
void,  and  that  the  general  assembly  of  said  State  by  solemn 
public  act  shall  declare  the  assent  of  the  State  to  the  foregoing 
fundamental  condition. 


1868]  EIGHT-HOUR  LAW  203 

SEC.  2.  And  be  it  further  enacted,  That  if  the  day  fixed  for  the 
first  meeting  of  the  legislature  of  either  of  said  States  by  the 
constitution  or  ordinance  thereof  shall  have  passed  or  have  so 
nearly  arrived  before  the  passage  of  this  act  that  there  shall  not 
be  time  for  the  legislature  to  assemble  at  the  period  fixed,  such 
legislature  shall  convene  at  the  end  of  twenty  days  from  the 
time  this  act  takes  effect,  unless  the  governor  elect  shall  sooner 
convene  the  same. 

SEC.  3.  And  be  it  further  enacted ',  That  the  first  section  of  this 
act  shall  take  effect  as  to  each  State,  except  Georgia,  when  such 
State  shall,  by  its  legislature,  duly  ratify  article  fourteen  of  the 
amendments  to  the  Constitution  of  the  United  States,  proposed 
by  the  Thirty-ninth  Congress,  and  as  to  the  State  of  Georgia 
when  it  shall  in  addition  give  the  assent  of  said  State  to  the 
fundamental  condition  hereinbefore  imposed  upon  the  same ; 
and  thereupon  the  officers  of  each  State  duly  elected  and  quali 
fied  under  the  constitution  thereof  shall  be  inaugurated  without 
delay ;  but  no  person  prohibited  from  holding  office  under  the 
United  States,  or  under  any  State,  by  section  three  of  the  pro 
posed  amendment  to  the  Constitution  of  the  United  States, 
known  as  article  fourteen,  shall  be  deemed  eligible  to  any  office 
in  either  of  said  States,  unless  relieved  from  disability  as  pro 
vided  in  said  amendment ;  and  it  is  hereby  made  the  duty  of 
the  President  within  ten  days  after  receiving  official  information 
of  the  ratification  of  said  amendment  by  the  legislature  of  either 
of  said  States  to  issue  a  proclamation  announcing  that  fact. 


No.  70.     Eight-Hour  Law 

June  25,  1868 

A  BILL  providing  that  eight  hours  should  constitute  a  day's  work  for 
laborers,  workmen,  and  mechanics  in  government  employ  passed  the  House 
March  28, 1867,  but  was  not  acted  on  in  the  Senate.  The  same  bill  was  again 
introduced,  January  6,  1868,  by  Banks  of  Massachusetts,  and  passed  the  same 
day.  In  the  Senate  the  bill  lay  on  the  table  until  June  3,  when  it  was  taken 


204  OATH   OF  OFFICE  [July  n 

up,  and  on  the  24th  passed,  the  vote  being  26  to  n,  19  not  voting.  An  act  of 
August  I,  1892,  virtually  reenacted  the  act  of  1868,  with  the  further  provision 
that  the  eight  hours'  work  should  be  embraced  in  one  calendar  day,  and  with 
penalties  for  violation  of  the  act. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XV,  77.  For  the  proceed 
ings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  2d  Sess.,  and  the  Cong. 
Globe.  On  the  operation  of  the  law  see  Senate  Exec.  Doc.  72,  42d  Cong.,  2d 
Sess.;  Senate  Reports  417  and  418,  45th  Cong.,  2d  Sess.;  House  Report  520, 
46th  Cong.,  2d  Sess.  See  also  Senate  Report  948  and  House  Report  1267,  52d 
Cong.,  1st  Sess.;  House  Report  957,  55th  Cong.,  2d  Sess. 

An  Act  constituting  eight  Hours  a  Day's  Work  for  all  Laborers, 
Workmen,  and  Mechanics  employed  by  or  on  behalf  of  the  Gov 
ernment  of  the  United  States. 

Be  it  enacted  .  .  .,  That  eight  hours  shall  constitute  a  day's 
work  for  all  laborers,  workmen,  and  mechanics  now  employed, 
or  who  may  be  hereafter  employed,  by  or  on  behalf  of  the  gov 
ernment  of  the  United  States  ;  and  that  all  acts  and  parts  of  acts 
inconsistent  with  this  act  be,  and  the  same  are  hereby,  repealed. 

APPROVED,  June  25,  1868. 


No.  71.     Oath  of  Office 

July  n,  1868 

MARCH  5,  1868,  the  House  having  under  consideration  a  resolution  for  the 
removal  of  the  political  disabilities  of  R.  R.  Butler,  a  representative-elect  from 
Tennessee,  the  resolution,  on  motion  of  Dawes  of  Massachusetts,  was  recom 
mitted  to  the  Committee  on  Elections  with  instructions  to  report  a  general  bill 
for  the  removal  of  such  disabilities.  The  bill  was  reported  the  same  day,  and 
on  the  6th  passed.  Subsequent  amendments  in  the  Senate  and  House  were 
unimportant,  and  the  yeas  and  nays  were  not  called  for.  An  act  of  February 
15,  1871,  allowed  those  who  could  not  take  the  oath  prescribed  by  the  act  of 
July  2,  1862,  and  who  were  not  rendered  ineligible  to  office  by  the  Fourteenth 
Amendment,  to  take  the  oath  prescribed  by  this  act. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XV,  85.  For  the  proceed 
ings  see  the  H0usg  and  Senate  Journals,  4Oth  Cong.,  2d  Sess. 


1 868]  EXCLUSION  OF  ELECTORAL  VOTES  2O5 

An  Act  prescribing  an  Oath  of  Office  to  be  taken  by  Persons  from 
whom  legal  Disabilities  shall  have  been  removed. 

Be  it  enacted  .  .  .,  That  whenever  any  person  who  has  par 
ticipated  in  the  late  rebellion,  and  from  whom  all  legal  disabilities 
arising  therefrom  have  been  removed  by  act  of  Congress  by  a 
vote  of  two  thirds  of  each  house,  has  been  or  shall  be  elected  or 
appointed  to  any  office  or  place  of  trust  in  or  under  the  govern 
ment  of  the  United  States,  he  shall,  before  entering  upon  the 
duties  thereof,  instead  of  the  oath  prescribed  by  the  act  of  July 
two,  eighteen  hundred  and  sixty-two,  take  and  subscribe  the  fol 
lowing  oath  or  affirmation :  I,  A.  B.,  do  solemnly  swear  (or 
affirm)  that  I  will  support  and  defend  the  Constitution  of  the 
United  States  against  all  enemies,  foreign  and  domestic  ;  that  I 
will  bear  true  faith  and  allegiance  to  the  same ;  that  I  take  this 
obligation  freely,  without  any  mental  reservation  or  purpose  of 
evasion  ;  and  that  I  will  well  and  faithfully  discharge  the  duties 
of  the  office  on  which  I  am  about  to  enter.  So  help  me  God. 

APPROVED,  July  u,  1868. 


No.  72.     Joint  Resolution  excluding  Electoral 
Votes  of  the  Late  Rebellious  States 

July  20,  1868 

A  JOINT  resolution  "  excluding  from  the  electoral  college  votes  of  States 
lately  in  rebellion  which  shall  not  have  been  reorganized  "  was  introduced  in 
the  Senate,  June  2,  1868,  by  George  F.  Edmunds  of  Vermont,  and  referred  to 
the  Committee  on  the  Judiciary.  The  resolution  was  reported  on  the  2gth 
with  an  amendment  inserting  the  clause  beginning  "  nor  unless  such  election 
of  electors."  The  phraseology  of  the  bill  rather  than  its  substance  was  the 
chief  occasion  of  debate.  The  resolution  passed  the  Senate  July  10,  by  a  vote 
of  29  to  5,  23  not  voting.  The  House  added  the  proviso  as  an  amendment, 
and  passed  the  bill  on  the  nth  by  a  vote  of  112  to  21,  65  not  voting.  The 
Senate,  by  a  vote  of  19  to  15,  concurred.  The  resolution  was  vetoed  by  Presi 
dent  Johnson  July  20,  and  passed  over  the  veto  the  same  day,  in  the  House 
by  a  vote  of  134  to  36,  40  not  voting,  in  the  Senate  by  a  vote  of  45  to  8. 


206  RIGHTS  OF  AMERICAN  CITIZENS  [July  27 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XV,  257.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  2d  Sess.,  and  the 
Cong.  Globe. 

A  Resolution  excluding  from  the  Electoral  College  Votes  of  States 
lately  in  Rebellion,  which  shall  not  have  been  reorganized. 

Resolved  .  .  .,  That  none  of  the  States  whose  inhabitants 
were  lately  in  rebellion  shall  be  entitled  to  representation  in  the 
electoral  college  for  the  choice  of  President  or  Vice-President  of 
the  United  States,  nor  shall  any  electoral  votes  be  received  or 
counted  from  any  of  such  States,  unless  at  the  time  prescribed  by 
law  for  the  choice  of  electors  the  people  of  such  States,  pursuant 
to  the  acts  of  Congress  in  that  behalf,  shall  have,  since  the 
fourth  day  of  March,  eighteen  hundred  and  sixty-seven,  adopted 
a  constitution  of  State  government  under  which  a  State  govern 
ment  shall  have  been  organized  and  shall  be  in  operation,  nor 
unless  such  election  of  electors  shall  have  been  held  under  the 
authority  of  such  constitution  and  government,  and  such  State 
shall  have  also  become  entitled  to  representation  in  Congress, 
pursuant  to  the  acts  of  Congress  in  that  behalf :  Provided,  That 
nothing  herein  contained  shall  be  construed  to  apply  to  any 
State  which  was  represented  in  Congress  on  the  fourth  day  of 
March,  eighteen  hundred  and  sixty-seven. 


No.  73.      Rights   of  American   Citizens  in 
Foreign  States 

July  27,  1868 

IN  his  annual  message  of  December  3,  1867,  President  Johnson  called 
attention  to  the  conflict  between  the  American  theory  of  the  right  of  expatria 
tion  and  the  British  theory  of  indefeasible  citizenship,  and  the  complications 
arising  from  the  arrest  of  naturalized  citizens  of  the  United  States  in  foreign 
countries.  Papers  relating  to  arrests  of  American  citizens  in  Great  Britain, 
particularly  in  connection  with  the  efforts  of  the  British  government  to  sup 
press  the  Fenian  movement  were  laid  before  Congress.  In  the  House  the 
portion  of  the  message  referred  to,  together  with  numerous  resolutions  and 


1868]  RIGHTS  OF  AMERICAN  CITIZENS  2O? 

petitions  from  legislatures  and  other  bodies,  and  several  resolutions  calling  for 
an  inquiry  into  the  rights  of  American  citizens  abroad,  were  referred  to  the 
Committee  on  Foreign  Affairs,  which  submitted  a  report  on  the  subject  Janu 
ary  27,  1868.  A  bill  to  define  and  protect  the  rights  of  American  citizens  in 
foreign  countries  was  reported  from  the  committee,  February  20,  by  Nathaniel 
P.  Banks  of  Massachusetts,  and  recommitted.  The  bill  was  again  reported 
March  10,  and  April  20  passed,  the  vote  being  107  to  4,  78  not  voting.  The 
Senate,  by  a  vote  of  30  to  7,  struck  out  the  clauses  empowering  the  President 
in  certain  cases  to  suspend  commercial  intercourse  with  foreign  States,  and 
to  arrest  and  detain  the  citizens  of  such  States  found  in  the  United  States,  the 
provisions  of  the  last  part  of  section  three  of  the  act  being  inserted  in  their 
place.  The  House  concurred  in  the  Senate  amendments,  and  July  27  the  act 
was  approved.  The  Republican  and  Democratic  national  platforms  had  al 
ready,  in  May  and  July,  declared  in  favor  of  expatriation  and  the  protection 
of  American  subjects  abroad. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XV,  223,  224.  For  the 
proceedings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  The  text  of  the  bill  reported  March  10  is  in  the  Globe  of  that 
date;  Banks's  report  of  January  27  is  House  Report  13.  On  the  general  sub 
ject  see  Wharton,  International  Law  Digest,  II,  chap.  7. 

An  Act  concerning   the   rights  of  American  Citizens  in  foreign 

States. 

WHEREAS  the  right  of  expatriation  is  a  natural  and  inherent 
right  of  all  people,  indispensable  to  the  enjoyment  of  the  rights 
of  life,  liberty,  and  the  pursuit  of  happiness  ;  and  whereas  in  the 
recognition  of  this  principle  this  government  has  freely  received 
emigrants  from  all  nations,  and  invested  them  with  the  rights  of 
citizenship ;  and  whereas  it  is  claimed  that  such  American  citi 
zens,  with  their  descendants,  are  subjects  of  foreign  states,  owing 
allegiance  to  the  governments  thereof  ;  and  whereas  it  is  neces 
sary  to  the  maintenance  of  public  peace  that  this  claim  of 
foreign  allegiance  should  be  promptly  and  finally  disavowed: 
Therefore, 

Be  it  enacted  .  .  .,  That  any  declaration,  instruction,  opin 
ion,  order,  or  decision  of  any  officers  of  this  government  which 
denies,  restricts,  impairs,  or  questions  the  right  of  expatriation, 
is  hereby  declared  inconsistent  with  the  fundamental  principles 
of  this  government. 


208  FOURTEENTH  AMENDMENT  [July  28 

SEC.  2.  And  be  it  further  enacted,  That  all  naturalized  citizens 
of  the  United  States,  while  in  foreign  states,  shall  be  entitled  to, 
and  shall  receive  from  this  government,  the  same  protection  of 
persons  and  property  that  is  accorded  to  native-born  citizens  in 
like  situations  and  circumstances. 

SEC.  3.  And  be  it  further  enacted,  That  whenever  it  shall  be 
made  known  to  the  President  that  any  citizen  of  the  United 
States  has  been  unjustly  deprived  of  his  liberty  by  or  under  the 
authority  of  any  foreign  government,  it  shall  be  the  duty  of  the 
President  forthwith  to  demand  of  that  government  the  reasons 
for  such  imprisonment,  and  if  it  appears  to  be  wrongful  and  in 
violation  of  the  rights  of  American  citizenship,  the  President 
shall  forthwith  demand  the  release  of  such  citizen,  and  if  the 
release  so  demanded  is  unreasonably  delayed  or  refused,  it  shall 
be  the  duty  of  the  President  to  use  such  means,  not  amounting 
to  acts  of  war,  as  he  may  think  necessary  and  proper  to  obtain 
or  effectuate  such  release,  and  all  the  facts  and  proceedings 
relative  thereto  shall  as  soon  as  practicable  be  communicated 
by  the  President  to  Congress. 

APPROVED,  July  27,  1868. 


No.  74.     Fourteenth  Amendment  to   the 
Constitution 

July  28,  1868 

VARIOUS  propositions  to  amend  the  Constitution  were  submitted  in  both 
House  and  Senate  during  the  first  session  of  the  thirty-ninth  Congress.  A 
joint  resolution  embodying  the  substance  of  the  provisions  of  the  Fourteenth 
Amendment  was  reported  in  the  House,  April  30,  1866,  by  Thaddeus  Stevens, 
from  the  Committee  on  Reconstruction,  together  with  a  bill  for  admission  to 
representation  of  certain  States  ratifying  the  same.  May  10  the  resolution 
passed  the  House,  the  vote  being  128  to  37,  18  not  voting.  The  third  section 
of  the  House  resolution  provided  that  until  July  4,  1870,  all  persons  who  had 
voluntarily  aided  the  rebellion  should  be  denied  the  privilege  of  voting  for 


1868]  FOURTEENTH   AMENDMENT 

Representatives  in  Congress  or  presidential  electors.  The  Senate,  by  a  vote 
of  43  to  o,  struck  out  this  section,  and  recast  the  amendment  in  the  form  in 
which  it  was  later  submitted.  The  resolution  passed  the  Senate  June  8,  by  a 
vote  of  33  to  ii.  On  the  I3th  the  House,  by  a  vote  of  138  to  36,  10  not  vot 
ing,  concurred.  The  amendment  was  rejected  by  Delaware,  Maryland,  and 
Kentucky,  and  was  not  acted  on  by  California.  It  was  also  at  first  rejected  by 
Virginia,  North  Carolina,  South  Carolina,  Georgia,  Florida,  Alabama,  Missis 
sippi,  Louisiana,  and  Texas,  with  the  result  that  the  ratification  of  the  amend 
ment  was,  by  the  Reconstruction  Act  of  March  2,  1867,  made  a  condition  of 
the  restoration  of  those  States.  The  ratifications  of  New  Jersey  and  Ohio 
were  rescinded  by  the  legislatures  of  those  States.  July  20,  1868,  a  proclama 
tion  by  Seward  announced  that  the  amendment  had  been  ratified  by  the  legis 
latures  of  twenty-three  States,  and  "  by  newly  constituted  and  newly  established 
bodies  avowing  themselves  to  be  and  acting  as  the  legislatures  of"  North 
Carolina,  South  Carolina,  Florida,  Alabama,  Louisiana,  and  Arkansas;  and 
that  if  the  ratifications  of  New  Jersey  and  Ohio  "  be  deemed  as  remaining  of 
full  force  and  effect,"  the  amendment  was  in  force.  Thereupon  Congress,  by 
resolution  of  July  21,  declared  the  amendment  in  force  and  directed  its  pro 
mulgation  as  such.  The  final  proclamation  was  issued  July  28. 

REFERENCES. —  Text  in  Revised  Statutes  (ed.  1878),  31.  For  the  proceed 
ings  of  Congress  see  the  House  and  Senate  Journals,  3Qth  Cong.,  and  4Oth 
Cong.,  1st  and  2d  Sess.,  and  the  Cong.  Globe.  The  various  proclamations  are 
in  U.S.  Statutes  at  Large,  XV.  For  some  early  proposals  see  McPherson, 
Reconstruction,  103.  See  also  Guthrie,  Fourteenth  Amendment ;  Slaughter 
House  Cases,  16  Wallace,  36 ;  Johnson's  message  of  June  22,  1866.  Many 
disabilities  under  the  amendment  were  removed  by  special  acts;  for  the  gen 
eral  act  of  May  22,  1872,  see  No.  94,  post. 


ARTICLE  XIV. 

SEC.  i.  All  persons  born  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States  and  of  the  State  wherein  they  reside.  No  State  shall 
make  or  enforce  any  law  which  shall  abridge  the  privileges  or 
immunities  of  citizens  of  the  United  States  ;  nor  shall  any  State 
deprive  any  person  of  life,  liberty,  or  property,  without  due 
process  of  law ;  nor  deny  to  any  person  within  its  jurisdiction 
the  equal  protection  of  the  laws. 

SEC.  2.  Representatives  shall  be  apportioned  among  the  sev 
eral  States  according  to  their  "respective  numbers,  counting  the 


2IO  FOURTEENTH  AMENDMENT  [July  28 

whole  number  of  persons  in  each  State,  excluding  Indians  not 
taxed.  But  when  the  right  to  vote  at  any  election  for  the  choice 
of  electors  for  President  and  Vice-President  of  the  United  States, 
Representatives  in  Congress,  the  Executive  and  Judicial  officers 
of  a  State,  or  the  members  of  the  Legislature  thereof,  is  denied 
to  any  of  the  male  inhabitants  of  such  State,  being  twenty-one 
years  of  age,  and  citizens  of  the  United  States,  or  in  any  way 
|  abridged,  except  for  participation  in  rebellion,  or  other  crime, 
the  basis  of  representation  therein  shall  be  reduced  in  the  pro 
portion  which  the  number  of  such  male  citizens  shall  bear  to 
the  whole  number  of  male  citizens  twenty-one  years  of  age  in 
such  State. 

SEC.  3.  No  person  shall  be  a  Senator  or  Representative  in 
Congress,  or  elector  of  President  and  Vice-President,  or  hold 
any  office,  civil  or  military,  under  the  United  States,  or  under 
any  State,  who,  having  previously  taken  an  oath,  as  a  member 
of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a  mem 
ber  of  any  State  legislature,  or  as  an  executive  or  judicial  officer 
of  any  State,  to  support  the  Constitution  of  the  United  States, 
shall  have  engaged  in  insurrection  or  rebellion  against  the 
same,  or  given  aid  or  comfort  to  the  enemies  thereof.  But  Con 
gress  may  by  a  vote  of  two-thirds  of  each  House,  remove  such 
disability. 

SEC.  4.  The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment  of  pen 
sions  and  bounties  for  services  in  suppressing  insurrection  or 
rebellion,  shall  not  be  questioned.  But  neither  the  United 
States  nor  any  State  shall  assume  or  pay  any  debt  or  obliga 
tion  incurred  in  aid  of  insurrection  or  rebellion  against  the 
United  States,  or  any  claim  for  the  loss  or  emancipation  of  any 
slave ;  but  all  such  debts,  obligations  and  claims  shall  be  held 
illegal  and  void. 

SEC.  5.  The  Congress  shall  have  power  to  enforce,  by  appro 
priate  legislation,  the  provisions  of  this  article. 


I868J          PROCLAMATION  GRANTING  FULL  AMNESTY  211 

No.  75.     Proclamation  granting  Full  Amnesty 

December  25,  1868 

THE  act  of  January  21,  1867,  repealing  the  amnesty  provisions  of  the  act 
of  July  17,  1862,  was  regarded  by  President  Johnson  as  an  infringement  upon 
the  constitutional  powers  of  the  executive,  and  as  such  was  ignored.  A  proc 
lamation  of  September  7,  1867,  granted  full  pardon  and  amnesty  to  all  per 
sons  who  had  participated  in  the  late  rebellion,  with  the  restoration  of 
property  and  privileges,  except  as  to  property  in  slaves  and  in  cases  of  legal 
proceedings  under  the  laws  of  the  United  States,  on  condition  of  taking  an 
oath  to  support  the  Constitution  and  the  Union,  and  to  "  abide  by  and  faith 
fully  support  all  laws  and  proclamations  which  have  been  made  during  the 
late  rebellion  with  reference  to  the  emancipation  of  slaves."  The  following 
were  excluded  from  the  benefits  of  the  proclamation  :  — 

"  First.  The  chief  or  pretended  chief  executive  officers,  including  the  Presi 
dent,  the  Vice-President,  and  all  Heads  of  Departments  of  the  pretended  Con 
federate  or  Rebel  Government,  and  all  who  were  agents  thereof  in  foreign 
States  and  countries,  and  all  who  held,  or  pretended  to  hold,  in  the  service 
of  the  said  pretended  Confederate  Government,  a  military  rank  or  title  above 
the  grade  of  brigadier-general,  or  naval  rank  or  title  above  that  of  captain, 
and  all  who  were  or  pretended  to  be  Governors  of  States,  while  maintaining, 
aiding,  abetting,  or  submitting  to  and  acquiescing  in  the  rebellion. 

"  Second.  All  persons  who  in  any  way  treated  otherwise  than  as  lawful 
prisoners  of  war  persons  who  in  any  capacity  were  employed  or  engaged  in 
the  military  or  naval  service  of  the  United  States. 

"  Third.  All  persons  who,  at  the  time  they  may  seek  to  obtain  the  benefits 
of  this  proclamation,  are  actually  in  civil,  military,  or  naval  confinement  or 
custody,  or  legally  held  to  bail,  either  before  or  after  conviction,  and  all  per 
sons  who  were  engaged  directly  or  indirectly  in  the  assassination  of  the  late 
President  of  the  United  States,  or  in  any  plot  or  conspiracy  in  any  manner 
therewith  connected." 

A  proclamation  of  July  4,  1868,  granted  amnesty  to  all  save  "such  person 
or  persons  as  may  be  under  presentment  or  indictment,  in  any  court  of  the 
United  States  having  competent  jurisdiction,  upon  a  charge  of  treason  or  other 
felony,"  together  with  "  restoration  of  all  rights  of  property,  except  as  to  slaves, 
and  except  also  as  to  any  property  of  which  any  person  may  have  been  legally 
divested  under  the  laws  of  the  United  States."  The  proclamation  of  Decem 
ber  25  declared  amnesty  without  conditions.  A  Senate  resolution  of  January  5, 
1869,  requested  the  President  "to  transmit  to  the  Senate  a  copy  of  any  proc 
lamation  of  amnesty  made  by  him  since  the  last  adjournment  of  Congress, 
and  also  to  communicate  to  the  Senate  by  what  authority  of  law  the  same  was 
made."  In  a  message  of  January  18  Johnson  transmitted  a  copy  of  the  proc- 


212  PROCLAMATION  GRANTING   FULL  AMNESTY     [Dec.  25 

lamation  of  December  25,  and  justified  his  course  in  issuing  it  as  warranted 
by  the  Constitution  and  in  harmony  with  the  action  of  certain  of  his  prede 
cessors.  The  proclamation  did  not  affect  the  suffrage  qualifications  in  the 
reconstructed  States. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XV,  71 1,  712.  See  Senate 
Report  239,  40th  Cong.,  3d  Sess. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 
A   PROCLAMATION. 

WHEREAS  the  President  of  the  United  States  has  heretofore 
set  forth  several  proclamations,  offering  amnesty  and  pardon  to 
persons  who  had  been  or  were  concerned  in  the  late  rebellion 
against  the  lawful  authority  of  the  government  of  the  United 
States  .  .  .; 

And  whereas,  the  authority  of  the  Federal  Government  hav 
ing  been  reestablished  in  all  the  States  and  Territories  within 
the  jurisdiction  of  the  United  States,  it  is  believed  that  such 
prudential  reservations  and  exceptions  as  at  the  dates  of  said 
several  proclamations  were  deemed  necessary  and  proper  may 
now  be  wisely  and  justly  relinquished,  and  that  a  universal 
amnesty  and  pardon  for  participation  in  said  rebellion  extended 
to  all  who  have  borne  any  part  therein  will  tend  to  secure  per 
manent  peace,  order,  and  prosperity  throughout  the  land,  and 
to  renew  and  fully  restore  confidence  and  fraternal  feeling 
among  the  whole  people,  and  their  respect  for  and  attachment 
to  the  National  Government,  designed  by  its  patriotic  founders 
for  the  general  good  : 

Now,  therefore,  be  it  known  that  I,  ANDREW  JOHNSON, 
President  of  the  United  States,  by  virtue  of  the  power  and 
authority  in  me  vested  by  the  Constitution,  and  in  the  name  of 
the  sovereign  people  of  the  United  States,  do  hereby  proclaim 
and  declare  unconditionally,  and  without  reservation,  to  all  and 
to  every  person  who  directly  or  indirectly  participated  in  the 
late  insurrection  or  rebellion,  a  full  pardon  and  amnesty  for  the 
offence  of  treason  against  the  United  States,  or  of  adhering  to 
their  enemies  during  the  late  civil  war,  with  restoration  of  all 


1868]  VIRGINIA,  TEXAS,  AND   MISSISSIPPI  213 

rights,  privileges,  and  immunities  under  the  Constitution  and 

the  laws  which  have  been  made  in  pursuance  thereof. 

******* 


No.  76.     Provisional  Governments  of  Virginia, 
Texas,  and  Mississippi 

February  18,  1869 

A  JOINT  resolution  for  the  removal  of  certain  civil  officers  in  Virginia  and 
Texas  was  introduced  in  the  Senate  July  24,  1868,  and  passed  the  same  day. 
The  bill  was  not  taken  up  in  the  House  until  December  10;  it  was  then  re 
ferred  to  the  Committee  on  Reconstruction,  which  reported  it,  January  18, 1869, 
with  an  amendment,  the  amendment  being  the  first  two  provisos  of  the  act. 
The  same  day  the  bill  passed  the  House.  The  Senate  added  the  proviso 
including  Mississippi,  in  which  the  House  concurred.  The  resolution  became 
law  under  the  ten  days  rule. 

REFERENCES.  —  Text  in  U.  S.  Statutes  at  Large,  XV,  344.  For  the  proceed 
ings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  2d  and  3d  Sess.,  and 
the  Cong.  Globe.  The  debate  was  unimportant. 

A  Resolution  respecting  the  provisional  Governments  of  Virginia 

and  Texas. 

Resolved  .  .  .,  That  the  persons  now  holding  civil  offices  in 
the  provisional  governments  of  Virginia  and  Texas,  who  can 
not  take  and  subscribe  the  oath  prescribed  by  the  act  ...  [of 
July  2,  1862]  .  .  .,  shall,  on  the  passage  of  this  resolution,  be 
removed  therefrom;  and  it  shall  be  the  duty  of  the  district 
commanders  to  fill  the  vacancies  so  created  by  the  appointment 
of  persons  who  can  take  said  oath :  Provided,  That  the  pro 
visions  of  this  resolution  shall  not  apply  to  persons  who  by 
reason  of  the  removal  of  their  disabilities  as  provided  in  the 
fourteenth  amendment  to  the  Constitution  shall  have  qualified 
for  any  office  in  pursuance  of  the  act  ...  [of  July  1 1, 1868]  .  .  . : 
And  provided  further,  That  this  resolution  shall  not  take  effect 
until  thirty  days  from  and  after  its  passage :  And  it  is  further 
provided,  That  this  resolution  shall  be,  and  is  hereby  extended 
to,  and  made  applicable  to  the  State  of  Mississippi. 


214  EXTRADITION  ACT  [March  3 

No.   77.     Extradition  Act 

March  3,  1869 

A  BILL  "  to  provide  for  giving  effect  to  treaty  stipulations  between  this  and 
foreign  governments  for  the  extradition  of  criminals  "  was  introduced  in  the 
Senate,  December  17,  1868,  by  Trumbull  of  Illinois.  The  bill  was  called  up 
January  1 1,  1869,  but  went  over  until  February  5,  when  it  was  read  and  passed. 
The  bill  passed  the  House  March  2.  There  was  no  debate  in  either  house. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XV,  337,  338.  The  pro 
ceedings  are  unimportant.  On  the  general  subject  see  Wharton,  International 
Law  Digest^  II,  chap.  7. 

An  Act  further  to  provide  for  giving  Effect  to  Treaty  Stipulations 
between  this  and  foreign  Governments  for  the  Extradition  of 
Criminals. 

Be  it  enacted  .  .  .,  That  whenever  any  person  shall  have 
been  delivered  by  any  foreign  government  to  an  agent  or  agents 
of  the  United  States  for  the  purpose  of  being  brought  within 
the  United  States  and  tried  for  any  crime  of  which  he  is  duly 
accused,  the  President  shall  have  power  to  take  all  necessary 
measures  for  the  transportation  and  safe-keeping  of  such  ac 
cused  person,  and  for  his  security  against  lawless  violence,  until 
the  final  conclusion  of  his  trial  for  the  crime[j]  or  offences 
specified  in  the  warrant  of  extradition,  and  until  his  final  dis 
charge  from  custody  or  imprisonment  for  or  on  account  of  such 
crimes  or  offences,  and  for  a  reasonable  time  thereafter.  And 
it  shall  be  lawful  for  the  President,  or  such  person  as  he  may 
empower  for  that  purpose,  to  employ  such  portion  of  the  land 
or  naval  forces  of  the  United  States,  or  of  the  militia  thereof, 
as  may  be  necessary  for  the  safe-keeping  and  protection  of  the 
accused  as  aforesaid. 

SEC.  2.  And  be  it  further  enacted,  That  any  person  duly  ap 
pointed  as  agent  to  receive  in  behalf  of  the  United  States  the 
delivery  by  a  foreign  government  of  any  person  accused  of 
crime  committed  within  the  jurisdiction  of  the  United  States 
and  to  convey  him  to  the  place  of  his  trial,  shall  be,  and 
hereby  is,  vested  with  all  the  powers  of  a  marshal  of  the  United 


1869]  PUBLIC  CREDIT 

States  in  the  several  districts  through  which  it  may  be  neces 
sary  for  him  to  pass  with  such  prisoner,  so  far  as  such  power 
is  requisite  for  his  safe-keeping. 

SEC.  3.  And  be  it  further  enacted ',  That  if  any  person  or  per 
sons  shall  knowingly  and  wilfully  obstruct,  resist,  or  oppose 
such  agent  in  the  execution  of  his  duties,  or  shall  rescue,  or 
attempt  to  rescue,  such  prisoner,  whether  in  the  custody  of  the 
agent  aforesaid,  or  of  any  marshal,  sheriff,  jailer,  or  other 
officer  or  person  to  whom  his  custody  may  have  lawfully  been 
committed,  every  person  so  knowingly  and  wilfully  offending  in 
the  premises  shall,  on  conviction  thereof  before  the  district  or 
circuit  court  of  the  United  States  for  the  district  in  which  the 
offence  was  committed,  be  fined  not  exceeding  one  thousand 
dollars,  and  imprisoned  not  exceeding  one  year. 

APPROVED,  March  3,  1869. 


No.  78.     Act  to  strengthen  the  Public  Credit 

March  18,  1869 

A  BILL  "  to  strengthen  the  public  credit,  and  relating  to  contracts  for  the 
payment  of  coin,"  was  introduced  in  the  House,  January  20,  1869,  by  Schenck 
of  Ohio,  and  referred  to  the  Committee  of  Ways  and  Means.  The  bill  was 
taken  up  February  24,  and  passed  the  same  day  by  a  vote  of  121  to  60,  41  not 
voting.  On  the  2yth  the  bill  passed  the  Senate,  but  was  disposed  of  by  a 
"  pocket  "  veto.  The  second  section  of  the  bill  legalized  contracts  for  pay 
ments  in  coin.  The  same  bill  was  again  introduced  by  Schenck  March  12, 
and  passed  the  House  the  same  day  by  a  vote  of  93  to  48,  52  not  voting.  A 
bill  of  somewhat  different  character  had  been  introduced  in  the  Senate 
March  9.  On  the  I5th  the  Senate  bill  was  laid  aside,  and  the  House  bill, 
without  the  second  section,  passed,  the  final  vote  being  42  to  13. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVI,  I.  For  the  proceed 
ings  see  the  House  and  Senate  Journals,  4Oth  Cong.,  3d  Sess.,  and  4ist  Cong., 
ist  Sess.,  and  the  Cong.  Globe. 

An  Act  to  strengthen  the  public  Credit. 

Be  it  enacted  .  .  .,  That  in  order  to  remove  any  doubt  as  to 
the  purpose  of  the  government  to  discharge  all  just  obligations 


2l6        EQUAL   RIGHTS  IN  DISTRICT  OF  COLUMBIA    [March  1 8 

to  the  public  creditors,  and  to  settle  conflicting  questions  and 
interpretations  of  the  laws  by  virtue  of  which  such  obligations 
have  been  contracted,  it  is  hereby  provided  and  declared  that 
the  faith  of  the  United  States  is  solemnly  pledged  to  the  pay 
ment  in  coin  or  its  equivalent  of  all  the  obligations  of  the 
United  States  not  bearing  interest,  known  as  United  States 
notes,  and  of  all  the  interest-bearing  obligations  of  the  United 
States,  except  in  cases  where  the  law  authorizing  the  issue  of 
any  such  obligation  has  expressly  provided  that  the  same  may 
be  paid  in  lawful  money  or  other  currency  than  gold  and  silver. 
But  none  of  said  interest-bearing  obligations  not  already  due 
shall  be  redeemed  or  paid  before  maturity  unless  at  such  time 
United  States  notes  shall  be  convertible  into  coin  at  the  option 
of  the  holder,  or  unless  at  such  time  bonds  of  the  United  States 
bearing  a  lower  rate  of  interest  than  the  bonds  to  be  redeemed 
can  be  sold  at  par  in  coin.  And  the  United  States  also  solemnly 
pledges  its  faith  to  make  provision  at  the  earliest  practicable 
period  for  the  redemption  of  the  United  States  notes  in  coin. 
APPROVED,  March  18,  1869. 


No.  79.     Equal  Rights  in  the    District  of 
Columbia 

March  18,  1869 

A  BILL  to  give  equal  political  rights,  regardless  of  color,  to  persons  in  the 
District  of  Columbia,  passed  the  Senate  July  17,  1867,  and  the  House  July  18, 
but  was  not  acted  on  by  the  President.  The  same  bill  again  passed  the  Senate 
December  5,  and  the  House  December  9,  and  was  again  left  without  action. 
A  third  bill,  in  the  words  of  the  act  following,  passed  the  Senate  February  u, 
1869,  and  the  House  March  2,  but  failed  under  a  "pocket"  veto.  The  same 
bill  was  again  introduced  in  the  Senate,  March  6,  by  Sumner,  and  on  the  8th 
passed  by  a  vote  of  31  to  27.  The  House  passed  the  bill  without  amendment 
on  the  I5th,  the  vote  being  in  to  46,  39  not  voting,  and  on  the  i8th  the  act 
was  approved. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVI,  3.  For  the  proceed 
ings  see  the  House  and  Senate  Journals,  4ist  Cong.,  1st  Sess.,  and  the  Cong. 
Globe.  The  important  debates  took  place  on  the  earlier  bills. 


1869]  AMENDED  TENURE  OF  OFFICE  ACT 

An  Act  for  the  further  Security  of  equal  Rights  in  the  District  of 
Columbia. 

Be  it  enacted  .  .  .,  That  the  word  "  white,"  wherever  it  occurs 
in  the  laws  relating  to  the  District  of  Columbia,  or  in  the  charter 
or  ordinances  of  the  cities  of  Washington  or  Georgetown,  and 
operates  as  a  limitation  on  the  right  of  any  elector  of  such 
District,  or  of  either  of  the  cities,  to  hold  any  office,  or  to  be 
selected  and  to  serve  as  a  juror,  be,  and  the  same  is  hereby,  re 
pealed,  and  it  shall  be  unlawful  for  any  person  or  officer  to  enforce 
or  attempt  to  enforce  such  limitation  after  the  passage  of  this  act. 

APPROVED,  March  18,  1869. 


No.   80.     Amended  Tenure  of  Office  Act 

April  5,  1869 

VARIOUS  bills  to  amend  or  repeal  the  Tenure  of  Office  Act  [No.  57]  were 
introduced  in  Congress  prior  to  the  act  of  April  5,  but  none  of  them  received 
favorable  consideration.  March  9, 1869,  a  bill  to  repeal  the  act  was  introduced 
in  the  House  by  Benjamin  F.  Butler  of  Massachusetts,  and  passed  the  same 
day,  the  vote  being  138  to  16,  39  not  voting.  In  the  Senate,  by  a  vote  of  34 
to  25,  the  bill  was  referred  to  the  Committee  on  the  Judiciary,  who  reported 
on  the  24th  a  new  bill,  which  was  agreed  to  by  a  vote  of  37  to  15.  On  the 
26th,  by  a  vote  of  70  to  99,  27  not  voting,  the  House  disagreed  to  the  Senate 
amendments,  and  the  bill  received  its  final  form  from  a  conference  committee. 
The  report  of  the  committee  was  agreed  to  March  31,  in  the  House  by  a  vote 
of  108  to  67,  21  riot  voting,  in  the  Senate  by  a  vote  of  42  to  8.  The  act  was 
repealed  by  an  act  of  March  3,  1887. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XVI,  6,  7.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  ist  Sess.,  and  the 
Cong.  Globe. 

An  Act  to  amend  "  An  Act  regulating  the  Tenure  of  certain  civil 

Offices." 

Be  it  enacted  .  .  .,  That  the  first  and  second  sections  of  an 
act  entitled  "  An  act  regulating  the  tenure  of  certain  civil 
offices,"  passed  March  two,  eighteen  hundred  and  sixty-seven, 
be,  and  the  same  are  hereby,  repealed ;  and  in  lieu  of  said 
repealed  sections  the  following  are  hereby  enacted : 


218  AMENDED  TENURE  OF  OFFICE  ACT  [April  5 

That  every  person  holding  any  civil  office  to  which  he  has 
been  or  hereafter  may  be  appointed  by  and  with  the  advice  and 
consent  of  the  Senate,  and  who  shall  have  become  duly  qualified 
to  act  therein,  shall  be  entitled  to  hold  such  office  during  the 
term  for  which  he  shall  have  been  appointed,  unless  sooner 
removed  by  and  with  the  advice  and  consent  of  the  Senate,  or 
by  the  appointment,  with  the  like  advice  and  consent,  of  a  suc 
cessor  in  his  place,  except  as  herein  otherwise  provided. 

SEC.  2.  And  be  it  further  enacted,  That  during  any  recess  of 
the  Senate  the  President  is  hereby  empowered,  in  his  discretion, 
to  suspend  any  civil  officer  appointed  by  and  with  the  advice 
and  consent  of  the  Senate,  except  judges  of  the  United  States 
courts,  until  the  end  of  the  next  session  of  the  Senate,  and  to 
designate  some  suitable  person,  subject  to  be  removed  in  his 
discretion  by  the  designation  of  another,  to  perform  the  duties 
of  such  suspended  officer  in  the  mean  time;  and  such  person  so 
designated  shall  take  the  oaths  and  give  the  bonds  required  by 
law  to  be  taken  and  given  by  the  suspended  officer,  and  shall, 
during  the  time  he  performs  his  duties,  be  entitled  to  the  salary 
and  emoluments  of  such  office,  no  part  of  which  shall  belong  to 
the  officer  suspended ;  and  it  shall  be  the  duty  of  the  President 
within  thirty  days  after  the  commencement  of  each  session  of 
the  Senate,  except  for  any  office  which  in  his  opinion  ought  not 
to  be  filled,  to  nominate  persons  to  fill  all  vacancies  in  office 
which  existed  at  the  meeting  of  the  Senate,  whether  tempora 
rily  filled  or  not,  and  also  in  the  place  of  all  officers  suspended  ; 
and  if  the  Senate  during  such  session  shall  refuse  to  advise  and 
consent  to  an  appointment  in  the  place  of  any  suspended  officer, 
then,  and  not  otherwise,  the  President  shall  nominate  another 
person  as  soon  as  practicable  to  said  session  of  the  Senate  for 
said  office. 

SEC.  3.  And  be  it  further  enacted,  That  section  three  of  the 
act  to  which  this  is  an  amendment  be  amended  by  inserting 
after  the  word  "  resignation,"  in  line  three  of  said  section,  the 
following:  "or  expiration  of  term  of  office." 

APPROVED,  April  5,  1869. 


1869]  VIRGINIA,   MISSISSIPPI,  AND  TEXAS  219 

No.   8 1.     Submission    of  the    Constitutions    of 
Virginia,  Mississippi,  and  Texas 

April  10,  1869 

IN  a  message  of  April  7,  1869,  President  Grant  recommended  that  provi 
sion  be  made  for  a  vote  in  Virginia  on  the  State  constitution  agreed  upon  by 
a  convention  April  17,  1868,  and  for  the  election  of  State  officers,  the  State 
to  be  restored  on  the  approval  of  the  constitution  by  Congress.  He  further 
raised  the  question  whether  the  rejected  constitution  of  Mississippi  should  not 
be  resubmitted.  A  bill  to  give  effect  to  this  recommendation,  and  including 
Texas,  was  reported  in  the  House  the  next  day  from  the  Committee  on  Re 
construction,  and  passed  with  amendments  by  a  vote  of  125  to  25,  47  not  vot 
ing.  The  Senate,  by  a  vote  of  30  to  20,  added  the  provision  of  section  6  of 
the  act,  together  with  other  amendments.  The  final  vote  in  the  Senate  was 
44  to  9.  The  House,  under  suspension  of  the  rules,  concurred  in  the  Senate 
amendments,  the  vote  being  108  to  39,  54  not  voting.  Proclamations  submit 
ting  the  constitutions  of  the  States  to  the  voters  were  issued,  for  Virginia,  May 
14,  for  Mississippi,  July  13,  and  for  Texas,  July  15. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XVI,  40,  41.  For  the 
proceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  1st  Sess.,  and  the 
Cong.  Globe.  The  bill  reported  April  8  is  in  the  Globe.  On  Canby's  course 
in  Virginia  see  Senate  Exec.  Doc.  73,  4ist  Cong.,  2d  Sess.  On  the  result  of 
the  elections  see  Dunning,  Essays,  232-234.  On  conditions  in  Virginia  see 
Senate  Exec.  Doc.  13,  4ist  Cong.,  2d  Sess.;  in  Texas,  House  Misc.  Docs. 57 
and  127,  and  Senate  Misc.  Doc.  109,  4Oth  Cong.,  2d  Sess. 

An  Act  authorizing  the  Submission  of  the  Constitutions  of  Vir 
ginia,  Mississippi,  and  Texas,  to  a  Vote  of  the  People,  and 
authorizing  the  Election  of  State  Officers,  provided  by  the  said 
Constitutions,  and  Members  of  Congress* 

Be  it  enacted  .  .  .,  That  the  President  of  the  United  States,  at 
such  time  as  he  may  deem  best  for  the  public  interest,  may  sub 
mit  the  constitution  which  was  framed  by  the  convention  which 
met  in  Richmond,  Virginia,  on  Tuesday,  the  third  day  of  Decem 
ber,  one  thousand  eight  hundred  and  sixty-seven,  to  the  voters 
of  said  State,  registered  at  the  date  of  said  submission,  for  rati 
fication  or  rejection ;  and  may  also  submit  to  a  separate  vote 


22O  VIRGINIA,   MISSISSIPPI,  AND  TEXAS       [April  10 

such  provisions  of  said  constitution  as  he  may  deem  best,  such 
vote  to  be  taken  either  upon  each  of  the  said  provisions  alone, 
or  in  connection  with  the  other  portions  of  said  constitution,  as 
the  President  may  direct. 

SEC.  2.  And  be  it  further  enacted,  That  at  the  same  election 
the  voters  of  said  State  may  vote  for  and  elect  members  of  the 
general  assembly  of  said  State,  and  all  the  officers  of  said  State 
provided  for  by  the  said  constitution,  and  members  of  Congress  ; 
and  the  officer  commanding  the  district  of  Virginia  shall  cause 
the  lists  of  registered  voters  of  said  State  to  be  revised,  enlarged, 
and  corrected  prior  to  such  election,  according  to  law,  and  for 
that  purpose  may  appoint  such  registrars  as  he  may  deem  nec 
essary.  And  said  elections  shall  be  held  and  returns  thereof 
made  in  the  manner  provided  by  the  acts  of  Congress  commonly 
called  the  reconstruction  acts. 

SEC.  3.  [Similar  provisions  for  Texas] ;  Provided,  also.  That 
no  election  shall  be  held  in  said  State  of  Texas  for  any  purpose 
until  the  President  so  directs. 

SEC.  4.   [Similar  provisions  for  Mississippi.] 

SEC.  5.  And  be  it  further  enacted,  That  if  either  of  said  con 
stitutions  shall  be  ratified  at  such  election,  the  legislature  of  the 
State  so  ratifying,  elected  as  provided  for  in  this  act,  shall 
assemble  at  the  capital  of  said  State  on  the  fourth  Tuesday 
after  the  official  promulgation  of  such  ratification  by  the  mili 
tary  officer  commanding  in  said  State. 

SEC.  6.  And  be  it  further  enacted,  That  before  the  States  of 
Virginia,  Mississippi,  and  Texas  shall  be  admitted  to  representa 
tion  in  Congress,  their  several  legislatures,  which  may  be  here 
after  lawfully  organized,  shall  ratify  the  fifteenth  article,  which 
has  been  proposed  by  Congress  to  the  several  States  as  an 
amendment  to  the  Constitution  of  the  United  States. 

SEC.  7.  And  be  it  further  enacted,  That  the  proceedings  in 
any  of  said  States  shall  not  be  deemed  final  or  operate  as  a 
complete  restoration  thereof  until  their  action,  respectively, 
shall  be  approved  by  Congress. 

APPROVED,  April  10,  1869. 


i86p]  RECONSTRUCTION  OF  GEORGIA  221 

No.   82.     Reconstruction  of  Georgia 

December  22,  1869 

A  BILL  "  to  enforce  the  fourteenth  amendment  to  the  Constitution  and  the 
laws  of  the  United  States  in  the  State  of  Georgia,  and  to  restore  to  that  State 
the  republican  form  of  government  elected  under  its  new  constitution,"  was 
introduced  in  the  Senate,  March  5,  1869,  by  Edmunds  of  Vermont,  and  re 
ferred  to  the  Committee  on  the  Judiciary.  The  bill  was  reported  with  an 
amendment  on  the  I7th,  but  without  recommendation  as  to  its  passage,  the 
committee  being  equally  divided  on  that  point.  A  bill  with  the  same  title 
was  reported  in  the  House,  April  7,  from  the  Committee  on  Reconstruction. 
There  was  no  further  action  on  either  bill  during  the  session.  A  concurrent 
resolution  of  February  9  had  provided,  in  the  meantime,  for  the  recognition 
of  the  electoral  vote  of  Georgia.  In  his  annual  message  of  December  6,  Presi 
dent  Grant  called  attention  to  the  unseating  of  colored  members  of  the 
legislature  of  Georgia  and  the  seating  of  persons  disqualified  by  the  fourteenth 
amendment,  and  submitted  "  whether  it  would  not  be  wise,  without  delay,  to 
enact  a  law  authorizing  the  governor  of  Georgia  to  convene  the  members 
originally  elected  to  the  legislature,  requiring  each  member  to  take  the  oath 
prescribed  by  the  reconstruction  acts,  and  none  to  be  admitted  who  are  in 
eligible  under  the  third  clause  of  the  fourteenth  amendment."  The  Edmunds 
bill  was  thereupon  called  up,  and,  together  with  a  bill  on  the  same  subject  in 
troduced  by  Oliver  P.  Morton  of  Indiana,  referred  to  the  Committee  on  the 
Judiciary.  December  13  the  committee  reported  the  Morton  bill.  On  the 
1 7th,  by  a  vote  of  38  to  15,  section  8,  "  that  the  legislature  of  Georgia  shall  be 
regarded  as  provisional  only,  until  the  further  action  of  Congress,"  was  stricken 
out,  and  section  8  of  the  act  inserted.  The  bill  then  passed,  the  vote  be 
ing  45  to  9.  The  House  passed  the  bill  on  the  2ist  by  a  vote  of  121  to  51, 
39  not  voting. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XVI,  59,  60.  For  the 
proceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  ist  and  2d  Sess., 
and  the  Cong.  Globe.  On  political  conditions  in  Georgia  see  House  Misc. 
Doc.  52,  40th  Cong.,  3d  Sess.,  House  Exec.  Doc.  82,  Senate  Exec.  Docs.  3  and 41, 
Senate  Reports  58  and  73,  4ist  Cong.,  2d  Sess.  See  also  Dunning,  Essays,  239 
seq. 

An  Act  to  promote  the  Reconstruction  of  the  State  of  Georgia. 

Be  it  enacted  .  .  .,  That  the  governor  of  the  State  of  Georgia 
be,  and  hereby  is,  authorized  and  directed,  forthwith,  by  procla 
mation,  to  summon  all  persons  elected  to  the  general  assembly 


222  RECONSTRUCTION  OF  GEORGIA  [Dec.  22 

of  said  State,  as  appears  by  the  proclamation  of  George  G. 
Meade,  the  general  commanding  the  military  district  including 
the  State  of  Georgia,  dated  June  twenty-fifth,  eighteen  hundred 
and  sixty-eight,  to  appear  on  some  day  certain,  to  be  named  in 
said  proclamation,  at  Atlanta,  in  said  State  ;  and  thereupon  the 
said  general  assembly  of  said  State  shall  proceed  to  perfect  its 
organization  in  conformity  with  the  Constitution  and  laws  of  the 
United  States,  according  to  the  provisions  of  this  act. 

SEC.  2.  And  be  it  further  enacted,  That  when  the  members  so 
elected  to  said  senate  and  house  of  representatives  shall  be 
convened,  as  aforesaid,  each  and  every  member  and  each  and 
every  person  claiming  to  be  elected  as  a  member  of  said  senate 
or  house  of  representatives  shall,  in  addition  to  taking  the  oath 
or  oaths  required  by  the  constitution  of  Georgia,  also  take  and 
subscribe  and  file  in  the  office  of  the  secretary  of  state  of  the 
State  of  Georgia  one  of  the  following  oaths  or  affirmations, 
namely :  "I  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  I  have  never  held  the  office,  or  exercised  the  duties  of,  a 
senator  or  representative  in  Congress,  nor  been  a  member  of 
the  legislature  of  any  State  of  the  United  States,  nor  held  any 
civil  office  created  by  law  for  the  administration  of  any  general 
law  of  a  State,  or  for  the  administration  of  justice  in  any  State 
or  under  the  laws  of  the  United  States,  nor  held  any  office  in 
the  military  or  naval  service  of  the  United  States,  and  there 
after  engaged  in  insurrection  or  rebellion  against  the  United 
States,  or  gave  aid  or  comfort  to  its  enerm'es,  or  rendered,  except 
in  consequence  of  direct  physical  force,  any  support  or  aid  to 
any  insurrection  or  rebellion  against  the  United  States,  nor  held 
any  office  under,  or  given  any  support  to,  any  government  of  any 
kind  organized  or  acting  in  hostility  to  the  United  States, 
or  levying  war  against  the  United  States.  So  help  me  God,  (or 
on  the  pains  and  penalties  of  perjury,  as  the  case  may  be.)" 
Or  the  following  oath  or  affirmation,  namely :  "  I  do  solemnly 
swear  (or  affirm,  as  the  case  may  be)  that  I  have  been  relieved, 
by  an  act  of  the  Congress  of  the  United  States,  from  disability 
as  provided  for  by  section  three  of  the  fourteenth  amendment  to 


1 869]  RECONSTRUCTION  OF  GEORGIA  223 

the  Constitution  of  the  United  States.  So  help  me  God,  (or  on 
the  pains  and  penalties  of  perjury,  as  the  case  may  be.)"  .  .  . 
And  every  person  claiming  to  be  so  elected,  who  shall  refuse  or 
decline  or  neglect  or  be  unable  to  take  one  of  said  oaths  or 
affirmations  above  provided,  shall  not  be  admitted  to  a  seat  in 
said  senate  or  house  of  representatives,  or  to  a  participation  in 
the  proceedings  thereof,  but  shall  be  deemed  ineligible  to  such 
seats. 

SEC.  3.    [Penalty  for  falsely  taking  the  oath,  &c.] 

SEC.  4.  And  be  it  further  enacted,  That  the  persons  elected, 
as  aforesaid,  and  entitled  to  compose  such  legislature,  and  who 
shall  comply  with  the  provisions  of  this  act,  by  taking  one  of 
the  oaths  or  affirmations  above  prescribed,  shall  thereupon  pro 
ceed,  in  said  senate  and  house  of  representatives  to  which 
they  have  been  elected  respectively,  to  reorganize  said  senate 
and  house  of  representatives,  respectively,  by  the  election  and 
qualification  of  the  proper  officers  of  each  house. 

SEC.  5 .  [Penalty  for  hindering  by  force  any  person  from  taking 
an  oath  or  participating  in  proceedings,  &c.] 

SEC.  6.  And  be  if  further  enacted,  That  it  is  hereby  declared 
that  the  exclusion  of  any  person  or  persons  elected  as  aforesaid, 
and  being  otherwise  qualified,  from  participation  in  the  pro 
ceedings  of  said  senate  or  house  of  representatives,  upon  the 
ground  of  race,  color,  or  previous  condition  of  servitude,  would 
be  illegal,  and  revolutionary,  and  is  hereby  prohibited. 

SEC.  7.  And  be  it  further  enacted,  That  upon  the  application 
of  the  governor  of  Georgia,  the  President  of  the  United  States 
shall  employ  such  military  or  naval  forces  of  the  United  States 
as  may  be  necessary  to  enforce  and  execute  the  preceding  pro 
visions  of  this  act. 

SEC.  8.  And  be  it  further  enacted,  That  the  legislature  shall 
ratify  the  fifteenth  amendment  proposed  to  the  Constitution  of 
the  United  States  before  senators  and  representatives  from 
Georgia  are  admitted  to  seats  in  Congress. 

APPROVED,  December  22,  1869. 


224  RESTORATION  OF  VIRGINIA  [Jan.  26 

No.   83.     Admission  of  Virginia  to   Represen 
tation  in   Congress 

January  26,  1870 

THE  annual  message  of  President  Grant,  December  6,  1869,  urged  the  ad 
mission  of  Virginia  to  representation,  but  stated  that  the  results  of  the  recent 
elections  in  Mississippi  and  Texas  were  not  yet  known.  To  the  proposition  to 
rehabilitate  Virginia  there  was  strong  opposition,  but  the  wish  of  the  President 
prevailed.  A  bill  to  give  effect  to  the  recommendation  was  reported,  Jan 
uary  n,  1870,  from  the  Committee  on  Reconstruction.  On  the  I4th  a  sub 
stitute  offered  by  Bingham  was  agreed  to  by  a  vote  of  98  to  95,  17  not  voting, 
and  the  bill  passed,  the  final  vote  being  142  to  49, 19  not  voting.  The  Senate 
added  various  amendments  imposing  conditions  and  restrictions,  and  passed 
the  bill  on  the  2ist  by  a  vote  of  47  to  10.  On  the  24th  the  House  concurred 
in  the  Senate  amendments,  the  vote  being  136  to  58,  16  not  voting.  July  28 
the  military  authority  in  Virginia  ceased.  Acts  of  February  23  and  March  30 
provided  in  similar  terms  for  the  restoration  of  Mississippi  and  Texas,  and  the 
military  authority  in  those  States  was  withdrawn. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XVI,  62,  63.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  On  the  opposition  in  Congress  see  Dunning,  Essays,  234,  235. 

An  Act  to  admit  the  State  of  Virginia  to  Representation  in  the 
Congress  of  the  United  States. 

WHEREAS  the  people  of  Virginia  have  framed  and  adopted 
a  constitution  of  State  government  which  is  republican;  and 
whereas  the  legislature  of  Virginia  elected  under  said  constitu 
tion  have  ratified  the  fourteenth  and  fifteenth  amendments  to 
the  Constitution  of  the  United  States;  and  whereas  the  per 
formance  of  these  several  acts  in  good  faith  was  a  condition 
precedent  to  the  representation  of  the  State  in  Congress : 
Therefore, 

Be  it  enacted  .  .  .,  That  the  said  State  of  Virginia  is  entitled 
to  representation  in  the  Congress  of  the  United  States:  Pro 
vided,  That  before  any  member  of  the  legislature  of  said  State 
shall  take  or  resume  his  seat,  or  any  officer  of  said  State  shall 
enter  upon  the  duties  of  his  office,  he  shall  take,  and  subscribe, 
and  file  in  the  office  of  the  secretary  of  state  of  Virginia,  for 


1870]  RESTORATION   OF   VIRGINIA  22  5 

permanent  preservation,  an  oath1  in  the  form  following:  "I, 

,  do  solemnly  swear  that  I  have  never  taken  an  oath 

as  a  member  of  Congress,  or  as  an  officer  of  the  United  States, 
or  as  a  member  of  any  State  legislature,  or  as  an  executive  or 
judicial  officer  of  any  State,  to  support  the  Constitution  of  the 
United  States,  and  afterward  engaged  in  insurrection  or  rebellion 
against  the  same,  or  given  aid  or  comfort  to  the  enemies  thereof, 
so  help  me  God  " ;  or  such  person  shall  in  like  manner  take, 

subscribe,  and  file  the  following  oath :  "  I, ,  do  solemnly 

swear  that  I  have,  by  act  of  Congress  of  the  United  States,  been 
relieved  from  the  disabilities  imposed  upon  me  by  the  fourteenth 
amendment  of  the  Constitution  of  the  United  States,  so  help 
me  God";  .  .  .  And  provided  further,  That  every  such  person 
who  shall  neglect  for  the  period  of  thirty  days  next  after  the 
passage  of  this  act  to  take,  subscribe,  and  file  such  oath  as 
aforesaid,  shall  be  deemed  and  taken,  to  all  intents  and  pur 
poses,  to  have  vacated  his  office:  And  provided  further ;  That 
the  State  of  Virginia  is  admitted  to  representation  in  Congress 
as  one  of  the  States  of  the  Union  upon  the  following  funda 
mental  conditions :  First,  That  the  Constitution  of  Virginia 
shall  never  be  so  amended  or  changed  as  to  deprive  any  citizen 
or  class  of  citizens  of  the  United  States  of  the  right  to  vote 
who  are  entitled  to  vote  by  the  Constitution  herein  recognized, 
except  as  a  punishment  for  such  crimes  as  are  now  felonies 
at  common  law,  whereof  they  shall  have  been  duly  convicted 
under  laws  equally  applicable  to  all  the  inhabitants  of  said 
State  :  Provided,  That  any  alteration  of  said  Constitution,  pro 
spective  in  its  effects,  may  be  made  in  regard  to  the  time  and 
place  of  residence  of  voters.  Second,  That  it  shall  never  be 
lawful  for  the  said  State  to  deprive  any  citizen  of  the  United 
States,  on  account  of  his  race,  color,  or  previous  condition  of 
servitude,  of  the  right  to  hold  office  under  the  constitution  and 
laws  of  said  State,  or  upon  any  such  ground  to  require  of  him 
any  other  qualifications  for  office  than  such  as  are  required  of 

1  An  amending  act  of  February  i,  1870,  provided  for  the  usual  alternative  of 
affirmation. 

Q 


226  FIFTEENTH  AMENDMENT  [March  30 

all  other  citizens.      Third,  That  the  constitution  of  Virginia 
shall   never  be   so   amended   or   changed   as   to   deprive   any 
citizen  or  class  of  citizens  of  the  United  States  of  the  school 
rights  and  privileges  secured  by  the  constitution  of  said  State. 
APPROVED,  January  26,  1870. 


No.   84.     Fifteenth  Amendment  to  the  Consti 
tution 

March  30,  1870 

"  THE  evident  and  complete  inefficacy  of  the  second  section  of  the  [four 
teenth]  amendment  was  the  reason  for  the  introduction  of  the  fifteenth 
amendment"  (Johnston).  As  in  the  case  of  the  previous  amendments,  vari 
ous  propositions  were  submitted,  while  the  discussion  of  the  political  and 
constitutional  theories  embodied  in  the  proposed  amendment  took  a  wide 
range.  February  17,  1869,  the  Senate,  after  long  debate,  passed,  by  a  vote  of 
35  to  n,  a  joint  resolution  for  the  submission  of  an  amendment  to  the  Consti 
tution  reported  from  the  Committee  on  the  Judiciary,  January  15.  February  20 
the  resolution  in  amended  form  passed  the  House,  the  vote  being  140  to  37, 
46  not  voting.  The  Senate,  by  a  vote  of  32  to  17,  disagreed  to  the  House 
amendment.  The  conference  committee  rejected  the  amendment  of  the 
House  and  agreed  to  the  Senate  resolution,  except  the  words  "  and  to  hold 
office,"  in  section  i.  The  amendment  was  rejected  by  New  Jersey,  Dela 
ware,  Maryland,  Kentucky,  Oregon,  and  California,  and  was  not  acted  on  by 
Tennessee.  Georgia  and  Ohio  at  first  rejected  it,  but  subsequently  ratified  it. 
The  ratification  of  New  York  was  later  rescinded.  A  proclamation  declaring 
the  amendment  in  force  was  issued  March  30,  1870. 

REFERENCES. —  Text  in  Revised  Statutes  (ed.  1878),  32.  For  the  pro 
ceedings  of  Congress  see  the  House  and  Senate  Journals,  4Oth  Cong.,  2d 
Sess.,  and  the  Cong.  Globe.  Votes  of  State  legislatures  on  ratification  are  col 
lected  in  McPherson,  Reconstruction,  488-498,  557-562.  See  also  Sherman, 
Recollections,  I,  450,  451. 

ARTICLE  XV. 

SECTION  i .  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States  or  by  any 
State  on  account  of  race,  color,  or  previous  condition  of  servitude. 

SECTION  2.  The  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 


1870]    ACT  TO   ENFORCE  THE  FIFTEENTH  AMENDMENT      227 

No.  85.     Act  to  enforce  the  Fifteenth  Amend 
ment 

May  31,  1870 

A  BILL  to  enforce  the  right  of  citizens  of  the  United  States  to  vote  was  in 
troduced  in  the  House,  February  21,  1870,  by  Bingham  of  Ohio,  and  referred 
to  the  Committee  on  the  Judiciary.  May  9  a  substitute  was  reported  and 
the  bill  recommitted.  The  substitute  measure  was  again  reported  May  16, 
a'nd  passed  the  same  day,  the  vote  being  131  to  43,  54  not  voting.  May  20 
the  Senate,  after  an  all-night  session,  passed  a  substitute  by  a  vote  of  43  to  8, 
21  not  voting.  The  House  disagreed  to  the  Senate  amendment,  and  a  con 
ference  committee  settled  the  final  form  of  the  bill.  The  report  of  the  con 
ference  committee  was  agreed  to  by  the  Senate  on  the  25th  by  a  vote  of  48  to 
II,  and  by  the  House  on  the  27th  by  a  vote  of  133  to  58,  39  not  voting. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVI,  140-146.  For  the 
proceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  The  House  substitute  of  May  9  is  in  the  Globe  for  May  16  ; 
the  text  of  the  Senate  bill  is  in  ibid.,  May  20.  Part  of  the  act  followed  a  re 
port  on  New  York  election  frauds,  Hottse  Report  31,  4Oth  Cong.,  3d  Sess.  On 
general  political  conditions  in  the  South  see  Hottse  Report  37,  4ist  Cong.,  3d 
Sess.;  Senate  Report  i,  42d  Cong.,  ist  Sess.;  House  Exec.  Doc.  268,  42d 
Cong.,  2d  Sess.;  House  Reports  101  and 261,  43d  Cong.,  2d  Sess.  The  Con 
gressional  documents  contain  numerous  reports  on  affairs  in  the  different 
States. 

An  Act  to  enforce  the  Right  of  Citizens  of  the  United  States  to 
vote  in  the  several  States  of  this  Union,  and  for  other  purposes. 

Be  it  enacted  .  .  .,  That  all  citizens  of  the  United  States  who 
are  or  shall  be  otherwise  qualified  by  law  to  vote  at  any  election 
by  the  people  in  any  State,  Territory,  district,  county,  city,  par 
ish,  township,  school  district,  municipality,  or  other  territorial 
subdivision,  shall  be  entitled  and  allowed  to  vote  at  all  such 
elections,  without  distinction  of  race,  color,  or  previous  con 
dition  of  servitude ;  any  constitution,  law,  custom,  usage,  or 
regulation  of  any  State  or  Territory,  or  by  or  under  its  author 
ity,  to  the  contrary  notwithstanding. 

SEC.  2.  And  be  it  further  enacted.  That  if  by  or  under  the 
authority  of  the  constitution  or  laws  of  any  State,  or  the  laws 


228    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT    [May  31 

of  any  Territory,  any  act  is  or  shall  be  required  to  be  done  as 
a  prerequisite  or  qualification  for  voting,  and  by  such  constitu 
tion  or  laws  persons  or  officers  are  or  shall  be  charged  with 
the  performance  of  duties  in  furnishing  to  citizens  an  opportu 
nity  to  perform  such  prerequisite,  or  to  become  qualified  to  vote, 
it  shall  be  the  duty  of  every  such  person  and  officer  to  give  to 
all  citizens  of  the  United  States  the  same  and  equal  opportunity 
to  perform  such  prerequisite,  and  to  become  qualified  to  vote 
without  distinction  of  race,  color,  or  previous  condition  of 
servitude  ;  [penalty  for  refusal]. 

SEC.  3.  And  be  it  further  enacted,  That  whenever,  by  or  under 
the  authority  of  the  constitution  or  laws  of  any  State,  or  the 
laws  of  any  Territory,  any  act  is  or  shall  be  required  to  \_bc~\ 
done  by  any  citizen  as  a  prerequisite  to  qualify  or  entitle  him 
to  vote,  the  offer  of  any  such  citizen  to  perform  the  act  required 
to  be  done  as  aforesaid  shall,  if  it  fail  to  be  carried  into  execu 
tion  by  reason  of  the  wrongful  act  or  omission  aforesaid  of  the 
person  or  officer  charged  with  the  duty  of  receiving  or  permit 
ting  such  performance  or  offer  to  perform,  or  acting  thereon,  be 
deemed  and  held  as  a  performance  in  law  of  such  act ;  and  the 
person  so  offering  and  failing  as  aforesaid,  and  being  otherwise 
qualified,  shall  be  entitled  to  vote  in  the  same  manner  and  to 
the  same  extent  as  if  he  had  in  fact  performed  such  act ;  [penalty 
for  wrongful  refusal  by  officers  of  elections  to  receive  the  vote 
of  such  person  upon  affidavit,  &c.]. 

SEC.  4.  And  be  it  further  enacted.  That  if  any  person,  by 
force,  bribery,  threats,  intimidation,  or  other  unlawful  means, 
shall  hinder,  delay,  prevent,  or  obstruct,  or  shall  combine  and 
confederate  with  others  to  hinder,  delay,  prevent,  or  obstruct, 
any  citizen  from  doing  any  act  required  to  be  done  to  qualify 
him  to  vote  or  from  voting  at  any  election  as  aforesaid,  such 
person  shall  for  every  such  offence  forfeit  and  pay  the  sum  of 
five  hundred  dollars  to  the  person  aggrieved  thereby,  .  .  .  and 
shall  also  for  every  such  offence  be  guilty  of  a  misdemeanor, 
and  shall,  on  conviction  thereof,  be  fined  not  less  than  five 
hundred  dollars,  or  be  imprisoned  not  less  than  one  month 


1870]    ACT  TO   ENFORCE  THE  FIFTEENTH  AMENDMENT      22Q 

and  not  more  than  one  year,  or  both,  at  the  discretion  of  the 
court. 

SEC.  5.  And  be  it  further  enacted,  That  if  any  person  shall 
prevent,  hinder,  control,  or  intimidate,  or  shall  attempt  to  pre 
vent,  hinder,  control,  or  intimidate,  any  person  from  exercising 
or  in  exercising  the  right  of  suffrage,  to  whom  the  right  of 
suffrage  is  secured  or  guaranteed  by  the  fifteenth  amendment 
to  the  Constitution  of  the  United  States,  by  means  of  bribery, 
threats,  or  threats  of  depriving  such  person  of  employment  or 
occupation,  or  of  ejecting  such  person  from  rented  house,  lands, 
or  other  property,  or  by  threats  of  refusing  to  renew  leases  or 
contracts  for  labor,  or  by  threats  of  violence  to  himself  or  family, 
such  person  so  offending  shall  be  deemed  guilty  of  a  misde 
meanor,  and  shall,  on  conviction  thereof,  be  fined  not  less  than 
five  hundred  dollars,  or  be  imprisoned  not  less  than  one  month 
and  not  more  than  one  year,  or  both,  at  the  discretion  of  the 
court. 

SEC.  6.  And  be  it  further  enacted,  That  if  two  or  more  per 
sons  shall  band  or  conspire  together,  or  go  in  disguise  upon  the 
public  highway,  or  upon  the  premises  of  another,  with  intent  to 
violate  any  provision  of  this  act,  or  to  injure,  oppress,  threaten, 
or  intimidate  any  citizen  with  intent  to  prevent  or  hinder  his 
free  exercise  and  enjoyment  of  any  right  or  privilege  granted 
or  secured  to  him  by  the  Constitution  or  laws  of  the  United 
States,  or  because  of  his  having  exercised  the  same,  such  per 
sons  shall  be  held  guilty  of  felony,  and,  on  conviction  thereof, 
shall  be  fined  or  imprisoned,  or  both,  at  the  discretion  of  the 
court,  —  the  fine  not  to  exceed  five  thousand  dollars,  and  the 
imprisonment  not  to  exceed  ten  years,  —  and  shall,  moreover, 
be  thereafter  ineligible  to,  and  disabled  from  holding,  any  office 
or  place  of  honor,  profit,  or  trust  created  by  the  Constitution  or 
laws  of  the  United  States. 

SEC.  7.  And  be  it  further  enacted,  That  if  in  the  act  of  violat 
ing  any  provision  in  either  of  the  two  preceding  sections,  any 
other  felony,  crime,  or  misdemeanor  shall  be  committed,  the 
offender,  on  conviction  of  such  violation  of  said  sections,  shall 


23O    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT   [May  31 

be  punished  for  the  same  with  such  punishments  as  are  attached 
to  the  said  felonies,  crimes,  and  misdemeanors  by  the  laws  of 
the  State  in  which  the  offence  may  be  committed. 

SEC.  8.  And  be  it  further  enacted,  That  the  district  courts  of 
the  United  States,  within  their  respective  districts,  shall  have, 
exclusively  of  the  courts  of  the  several  States,  cognizance  of  all 
crimes  and  offences  committed  against  the  provisions  of  this  act, 
and  also,  concurrently  with  the  circuit  courts  of  the  United 
States,  of  all  causes,  civil  and  criminal,  arising  under  this  act, 
except  as  herein  otherwise  provided,  and  the  jurisdiction  hereby 
conferred  shall  be  exercised  in  conformity  with  the  laws  and 
practice  governing  United  States  courts ;  and  all  crimes  and 
offences  committed  against  the  provisions  of  this  act  may  be 
prosecuted  by  the  indictment  of  a  grand  jury,  or,  in  cases  of 
crimes  and  offences  not  infamous,  the  prosecution  may  be  either 
by  indictment  or  information  filed  by  the  district  attorney  in  a 
court  having  jurisdiction. 

SEC.  9.  And  be  it  further  enacted,  That  the  district  attorneys, 
marshals,  and  deputy  marshals  of  the  United  States,  the  com 
missioners  appointed  by  the  circuit  and  territorial  courts  of  the 
United  States,  with  powers  of  arresting,  imprisoning,  or  bailing 
offenders  against  the  laws  of  the  United  States,  and  every  other 
officer  who  may  be  specially  empowered  by  the  President  of  the 
United  States,  shall  be,  and  they  are  hereby,  specially  author 
ized  and  required,  at  the  expense  of  the  United  States,  to  insti 
tute  proceedings  against  all  and  every  person  who  shall  violate 
the  provisions  of  this  act,  and  cause  him  or  them  to  be  arrested 
and  imprisoned,  or  bailed,  as  the  case  may  be,  for  trial  before 
such  court  of  the  United  States  or  territorial  court  as  has  cogni 
zance  of  the  offence.  [Number  of  commissioners  of  circuit  and 
territorial  courts  to  be  increased.] 

SEC.  10.  [Marshals  and  deputies  to  execute  all  warrants,  &c.] 
And  the  better  to  enable  the  said  commissioners  to  execute  their 
duties  faithfully  and  efficiently,  in  conformity  with  the  Constitu 
tion  of  the  United  States  and  the  requirements  of  this  act,  they 
are  hereby  authorized  and  empowered,  within  their  districts  re- 


1870]    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT     23! 

spectively,  to  appoint,  in  writing,  under  their  hands,  any  one  or 
more  suitable  persons,  from  time  to  time,  to  execute  all  such 
warrants  and  other  process  as  may  be  issued  by  them  in  the 
lawful  performance  of  their  respective  duties,  and  the  persons 
so  appointed  .  .  .  shall  have  authority  to  summon  and  call  to 
their  aid  the  bystanders  or  posse  comitatus  of  the  proper  county, 
or  such  portion  of  the  land  or  naval  forces  of  the  United  States, 
or  of  the  militia,  as  may  be  necessary  to  the  performance  of  the 
duty  with  which  they  are  charged,  and  to  insure  a  faithful 
observance  of  the  fifteenth  amendment  to  the  Constitution  of 
the  United  States  ;  and  such  warrants  shall  run  and  be  executed 
by  said  officers  anywhere  in  the  State  or  Territory  within  which 
they  are  issued. 

SEC.  ii.  [Penalty  for  obstructing  the  execution  of  process, 
attempting  to  rescue  any  person  arrested,  or  harboring  any  per 
son  for  whom  a  warrant  has  been  issued.] 

SEC.  12.    [Fees,  &c.] 

SEC.  13.  And  be  it  further  enacted,  That  it  shall  be  lawful  for 
the  President  of  the  United  States  to  employ  such  part  of  the 
land  or  naval  forces  of  the  United  States,  or  of  the  militia,  as 
shall  be  necessary  to  aid  in  the  execution  of  judicial  process 
issued  under  this  act. 

SEC.  14.  And  be  it  further  enacted,  That  whenever  any  person 
shall  hold  office,  except  as  a  member  of  Congress  or  of  some 
State  legislature,  contrary  to  the  provisions  of  the  third  section 
of  the  fourteenth  article  of  amendment  of  the  Constitution  of  the 
United  States,  it  shall  be  the  duty  of  the  district  attorney  of  the 
United  States  for  the  district  in  which  such  person  shall  hold 
office,  as  aforesaid,  to  proceed  against  such  person,  by  writ  of 
quo  warranto,  returnable  to  the  circuit  or  district  court  of  the 
United  States  in  such  district,  and  to  prosecute  the  same  to  the 
removal  of  such  person  from  office ;  and  any  writ  of  quo  war 
ranto  so  brought,  as  aforesaid,  shall  take  precedence  of  all  other 
cases  on  the  docket  of  the  court  to  which  it  is  made  returnable, 
and  shall  not  be  continued  unless  for  cause  proved  to  the  satis 
faction  of  the  court. 


232    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT    [May  31 

SEC.  15.  And  be  it  further  enacted,  That  any  person  who  shall 
hereafter  knowingly  accept  or  hold  any  office  under  the  United 
States,  or  any  State  to  which  he  is  ineligible  under  the  third 
section  of  the  fourteenth  article  of  amendment  of  the  Constitu 
tion  of  the  United  States,  or  who  shall  attempt  to  hold  or  exer 
cise  the  duties  of  any  such  office,  shall  be  deemed  guilty  of  a 
misdemeanor  against  the  United  States,  and,  upon  conviction 
thereof  before  the  circuit  or  district  court  of  the  United  States, 
shall  be  imprisoned  not  more  than  one  year,  or  fined  not  exceed 
ing  one  thousand  dollars,  or  both,  at  the  discretion  of  the  court. 

SEC.  1 6.  And  be  it  further  enacted,  That  all  persons  within 
the  jurisdiction  of  the  United  States  shall  have  the  same  right 
in  every  State  and  Territory  in  the  United  States  to  make  and 
enforce  contracts,  to  sue,  be  parties,  give  evidence,  and  to  the 
full  and  equal  benefit  of  all  laws  and  proceedings  for  the  security 
of  person  and  property  as  is  enjoyed  by  white  citizens,  and  shall 
be  subject  to  like  punishment,  pains,  penalties,  taxes,  licenses, 
and  exactions  of  every  kind,  and  none  other,  any  law,  statute, 
ordinance,  regulation,  or  custom  to  the  contrary  notwithstanding. 
No  tax  or  charge  shall  be  imposed  or  enforced  by  any  State 
upon  any  person  immigrating  thereto  from  a  foreign  country 
which  is  not  equally  imposed  and  enforced  upon  every  person 
immigrating  to  such  State  from  any  other  foreign  country ;  and 
any  law  of  any  State  in  conflict  with  this  provision  is  hereby 
declared  null  and  void. 

SEC.  17.    [Penalty  for  violation  of  the  preceding  section.] 

SEC.  1 8.  And  be  it  further  enacted.  That  the  act  to  protect  all 
persons  in  the  United  States  in  their  civil  rights,  and  furnish 
the  means  of  their  vindication,  passed  April  nine,  eighteen  hun 
dred  and  sixty-six,  is  hereby  re-enacted;  and  sections  sixteen 
and  seventeen  hereof  shall  be  enforced  according  to  the  provi 
sions  of  said  act. 

SEC.  19.  And  be  it  further  enacted,  That  if  at  any  election 
for  representative  or  delegate  in  the  Congress  of  the  United 
States  any  person  shall  knowingly  personate  and  vote,  or 
attempt  to  vote,  in  the  name  of  any  other  person,  whether 


1870]    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT     233 

living,  dead,  or  fictitious ;  or  vote  more  than  once  at  the 
same  election  for  any  candidate  for  the  same  office ;  or  vote  at 
a  place  where  he  may  not  be  lawfully  entitled  to  vote ;  or  vote 
without  having  a  lawful  right  to  vote ;  or  do  any  unlawful  act 
to  secure  a  right  or  an  opportunity  to  vote  for  himself  or  any 
other  person  ;  or  by  force,  threat,  menace,  intimidation,  bribery, 
reward,  or  offer,  or  promise  thereof,  or  otherwise  unlawfully 
prevent  any  qualified  voter  of  any  State  of  the  United  States  of 
America,  or  of  any  Territory  thereof,  from  freely  exercising  the 
right  of  suffrage,  or  by  any  such  means  induce  any  voter  to 
refuse  to  exercise  such  right ;  or  compel  or  induce  by  any  such 
means,  or  otherwise,  any  officer  of  an  election  in  any  such  State 
or  Territory  to  receive  a  vote  from  a  person  not  legally  qualified 
or  entitled  to  vote ;  or  interfere  in  any  manner  with  any  officer 
of  said  elections  in  the  discharge  of  his  duties ;  or  by  any  of 
such  means,  or  other  unlawful  means,  induce  any  officer  of  an 
election,  or  officer  whose  duty  it  is  to  ascertain,  announce,  or 
declare  the  result  of  any  such  election,  or  give  or  make  any 
certificate,  document,  or  evidence  in  relation  thereto,  to  violate 
or  refuse  to  comply  with  his  duty,  or  any  law  regulating  the 
same ;  or  knowingly  and  wilfully  receive  the  vote  of  any  person 
not  entitled  to  vote,  or  refuse  to  receive  the  vote  of  any  person 
entitled  to  vote  ;  or  aid,  counsel,  procure,  or  advise  any  such 
voter,  person,  or  officer  to  do  any  act  hereby  made  a  crime,  or 
to  omit  to  do  any  duty  the  omission  of  which  is  hereby  made  a 
crime,  or  attempt  to  do  so,  every  such  person  shall  be  deemed 
guilty  of  a  crime,  and  shall  for  such  crime  be  liable  to  prosecu 
tion  in  any  court  of  the  United  States  of  competent  jurisdiction, 
and,  on  conviction  thereof,  shall  be  punished  by  a  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  for  a  term 
not  exceeding  three  years,  or  both,  in  the  discretion  of  the 
court,  and  shall  pay  the  costs  of  prosecution. 

SEC.  20.    [Penalty  for  similar  unlawful  acts  in  and  concerning 
the  registration  of  voters.1]     Provided,  That  every  registration 
made  under  the  laws  of  any  State  or  Territory,  for  any  State  or 
1  Amended  by  act  of  February  28, 1871,  section  i. 


234     ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT    [May  31 

other  election  at  which  such  representative  or  delegate  in  Con 
gress  shall  be  chosen,  shall  be  deemed  to  be  a  registration 
within  the  meaning  of  this  act,  notwithstanding  the  same  shall 
also  be  made  fqr  the  purpose  of  any  State,  territorial,  or  munici 
pal  election. 

SEC.  2 1 .  And  be  it  further  enacted,  That,  whenever,  by  the 
laws  of  any  State  or  Territory,  the  name  of  any  candidate  or 
person  to  be  voted  for  as  representative  or  delegate  in  Congress 
shall  be  required  to  be  printed,  written,  or  contained  in  any 
ticket  or  ballot  with  other  candidates  or  persons  to  be  voted  for 
at  the  same  election  for  State,  territorial,  municipal,  or  local 
officers,  it  shall  be  sufficient  prima  facie  evidence,  either  for  the 
purpose  of  indicting  or  convicting  any  person  charged  with 
voting,  or  attempting  or  offering  to  vote,  unlawfully  under  the 
provisions  of  the  preceding  sections,  or  for  committing  either  of 
the  offenjes  thereby  created,  to  prove  that  the  person  so  charged 
or  indicted,  voted,  or  attempted  or  offered  to  vote,  such  ballot 
or  ticket,  or  committed  either  of  the  offences  named  in  the  pre 
ceding  sections  of  this  act  with  reference  to  such  ballot.  And 
the  proof  and  establishment  of  such  facts  shall  be  taken,  held, 
and  deemed  to  be  presumptive  evidence  that  such  person  voted, 
or  attempted  or  offered  to  vote,  for  such  representative  or  dele 
gate,  as  the  case  may  be,  or  that  such  offence  was  committed 
with  reference  to  the  election  of  such  representative  or  delegate, 
and  shall  be  sufficient  to  warrant  his  conviction,  unless  it  shall 
be  shown  that  any  such  ballot,  when  cast,  or  attempted  or  offered 
to  be  cast,  by  him,  did  not  contain  the  name  of  any  candidate 
for  the  office  of  representative  or  delegate  in  the  Congress  of 
the  United  States,  or  that  such  offence  was  not  committed  with 
reference  to  the  election  of  such  representative  or  delegate. 

SEC.  22.  [Penalty  for  the  refusal  of  any  officer  of  election  to 
do  his  duty,  for  making  false  return,  &c.] 

SEC.  23.  And  be  it  further  enacted,  That  whenever  any  person 
shall  be  defeated  or  deprived  of  his  election  to  any  office,  except 
elector  of  President  or  Vice-president,  representative  or  dele 
gate  in  Congress,  or  member  of  a  State  legislature,  by  reason 


1870]  REDEMPTION  AND   BANK  NOTE  ACT  235 

of  the  denial  to  any  citizen  or  citizens  who  shall  offer  to  vote, 
of  the  right  to  vote,  on  account  of  race,  color,  or  previous  con 
dition  of  servitude,  his  right  to  hold  and  enjoy  such  office,  and 
the  emoluments  thereof,  shall  not  be  impaired  by  such  denial ; 
and  such  person  may  bring  any  appropriate  suit  or  proceeding 
to  recover  possession  of  such  office,  and  in  cases  where  it  shall 
appear  that  the  sole  question  touching  the  title  to  such  office 
arises  out  of  the  denial  of  the  right  to  vote  to  citizens  who  so 
offered  to  vote,  on  account  of  race,  color,  or  previous  condition 
of  servitude,  such  suit  or  proceeding  may  be  instituted  in  the 
circuit  or  district  court  of  the  United  States  of  the  circuit  or 
district  in  which  such  person  resides.  And  said  circuit  or  dis 
trict  court  shall  have,  concurrently  with  the  State  courts,  juris 
diction  thereof  so  far  as  to  determine  the  rights  of  the  parties 
to  such  office  by  reason  of  the  denial  of  the  right  guaranteed 
by  the  fifteenth  article  of  amendment  to  the  Constitution  of  the 
United  States,  and  secured  by  this  act. 
APPROVED,  May  31,  1870. 


No.   86.     Redemption  and  Bank  Note  Act 

July  12,  1870 

THE  great  inequalities  in  the  distribution  of  the  national  bank  note  circula 
tion  among  the  States,  and  the  action  of  the  Comptroller  of  the  Currency 
under  the  act  of  March  3,  1865,  led  to  the  introduction  of  various  bills  relat 
ing  to  the  subject.  A  bill  "  to  provide  a  national  currency  of  coin  notes,  and 
to  equalize  the  distribution  of  circulating  notes,"  was  reported  in  the  Senate, 
January  II,  1870,  by  John  Sherman,  from  the  Committee  on  Finance,  and 
passed  with  amendments,  February  2,  by  a  vote  of  39  to  23.  Various  substi 
tutes  offered  in  the  House  were  rejected,  and  the  bill  with  amendments  passed 
that  body,  June  15,  by  a  vote  of  99  to  81,  50  not  voting.  The  Senate  refused  to 
concur  in  the  action  of  the  House.  The  report  of  a  conference  committee  was 
disagreed  to  by  the  House,  June  29,  the  vote  being  53  to  127,  49  not  voting. 
The  report  of  a  second  committee  was  agreed  to  by  the  Senate  July  6,  with 
out  a  division,  and  by  the  House  July  7,  by  a  vote  of  100  to  77,  53  not  voting. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XVI,  251-254.  For  the 
proceedings  see  the  House  and  Senate  Journals,  41  st  Cong.,  2d  Sess.?  and  t^e. 


236  REDEMPTION  AND   BANK   NOTE  ACT  [July  12 

Cong.  Globe.  The  text  of  the  Senate  bill  is  in  the  Globe,  January  24;  on 
the  reasons  for  the  bill,  and  its  scope,  see  particularly  Sherman's  remarks, 
ibid. 

An  Act  to  provide  for  the  Redemption  of  the  three  per  cent,  tem 
porary  Loan  Certificates,  and  for  an  Increase  of  national  Bank 
Notes. 

Be  it  enacted  .  .  .,  That  fifty-four  millions  of  dollars  in  notes 
for  circulation  may  be  issued  to  national  banking  associations, 
in  addition  to  the  three  hundred  millions  of  dollars  authorized 
by  the  twenty-second  section  of  the  .  .  .  [National  Bank  Act] 
.  .  .;  and  the  amount  of  notes  so  provided  shall  be  furnished 
to  banking  associations  organized  or  to  be  organized  in  those 
States  and  Territories  having  less  than  their  proportion  under 
the  apportionment  contemplated  by  the  provisions  of  the  .  .  . 
[act  of  March  3,  1865,  amending  the  National  Bank  Act]  .  .  ., 
and  the  bonds  deposited  with  the  treasurer  of  the  United  States, 
to  secure  the  additional  circulating  notes  herein  authorized,  shall 
be  of  any  description  of  bonds  of  the  United  States  bearing  in 
terest  in  coin,  but  a  new  apportionment  of  the  increased  circula 
tion  herein  provided  for  shall  be  made  as  soon  as  practicable, 
based  upon  the  census  of  eighteen  hundred  and  seventy :  Pro 
vided^  That  if  applications  for  the  circulation  herein  authorized 
shall  not  be  made  within  one  year  after  the  passage  of  this  act 
by  banking  associations  organized  or  to  be  organized  in  States 
having  less  than  their  proportion,  it  shall  be  lawful  for  the  comp 
troller  of  the  currency  to  issue  such  circulation  to  banking  asso 
ciations  applying  for  the  same  in  other  States  or  Territories 
having  less  than  their  proportion,  giving  the  preference  to  such 
as  have  the  greatest  deficiency:  And  provided  further,  That  no 
banking  association  hereafter  organized  shall  have  a  circulation 
in  excess  of  five  hundred  thousand  dollars. 

SEC.  2.  And  be  it  further  enacted,  That  at  the  end  of  each 
month  after  the  passage  of  this  act  it  shall  be  the  duty  of  the 
comptroller  of  the  currency  to  report  to  the  Secretary  of  the 
Treasury  the  amount  of  circulating  notes  issued,  under  the  pro- 


1870]  REDEMPTION  AND   BANK  NOTE  ACT  237 

visions  of  "the  preceding  section,  to  national  banking  associa 
tions  during  the  previous  month ;  whereupon  the  Secretary  of 
the  Treasury  shall  redeem  and  cancel  an  amount  of  the  three 
per  centum  temporary  loan  certificates  issued  under  the  acts  of 
March  two,  eighteen  hundred  and  sixty-seven,  and  July  twenty- 
five,  eighteen  hundred  and  sixty-eight,  not  less  than  the  amount 
of  circulating  notes  so  reported,  and  may,  if  necessary,  in  order 
to  procure  the  presentation  of  such  temporary  loan  certificates 
for  redemption,  give  notice  to  the  holders  thereof,  by  publica 
tion  or  otherwise,  that  certain  of  said  certificates  (which  shall 
be  designated  by  number,  date,  and  amount)  shall  cease  to  bear 
interest  from  and  after  a  day  to  be  designated  in  such  notice, 
and  that  the  certificates  so  designated  shall  no  longer  be  avail 
able  as  any  portion  of  the  lawful  money-reserve  in  possession 
of  any  national  banking  association,  and  after  the  day  desig 
nated  in  such  notice  no  interest  shall  be  paid  on  such  certifi 
cates,  and  they  shall  not  thereafter  be  counted  as  a  part  of  the 
reserve  of  any  banking  association. 

SEC.  3.  And  be  it  further  enacted,  That  upon  the  deposit  of 
any  United  States  bonds,  bearing  interest  payable  in  gold,  with 
the  treasurer  of  the  United  States,  in  the  manner  prescribed  in 
the  nineteenth  and  twentieth  sections  of  the  national  currency 
act,  it  shall  be  lawful  for  the  comptroller  of  the  currency  to  issue 
to  the  association  making  the  same,  circulating  notes  of  differ 
ent  denominations,  not  less  than  five  dollars,  not  exceeding  in 
amount  eighty  per  centum  of  the  par  value  of  the  bonds  de 
posited,  which  notes  shall  bear  upon  their  face  the  promise  of 
the  association  to  which  they  are  issued  to  pay  them,  upon  pres 
entation  at  the  office  of  the  association,  in  gold  coin  of  the 
United  States,  and  shall  be  redeemable  upon  such  presenta 
tion  in  such  coin  :  Provided,  That  no  banking  association  organ 
ized  under  this  section  shall  have  a  circulation  in  excess  of  one 
million  of  dollars.1 

SEC.  4.  And  be  it  further  enacted,  That  every  national  bank 
ing  association  formed  under  the  provisions  of  the  preceding 

1  The  limitation  on  circulation  was  removed  by  an  act  of  January  19, 1875. 


238  REDEMPTION  AND   BANK  NOTE  ACT  [July  12 

section  of  this  act  shall  at  all  times  keep  on  hand  not  less  than 
twenty-five  per  centum  of  its  outstanding  circulation  in  gold 
or  silver  coin  of  the  United  States,  and  shall  receive  at  par  in 
the  payment  of  debts  the  gold  notes  of  every  other  such  bank 
ing  association  which  at  the  time  of  such  payments  shall  be 
redeeming  its  circulating  notes  in  gold  coin  of  the  United  States. 

SEC.  5.  And  be  it  further  enacted,  That  every  association  or 
ganized  for  the  purpose  of  issuing  gold  notes  as  provided  in 
this  act  shall  be  subject  to  all  the  requirements  and  provisions 
of  the  national  currency  act,  except  the  first  clause  of  section 
twenty-two,  which  limits  the  circulation  of  national  banking 
associations  to  three  hundred  millions  of  dollars ;  the  first 
clause  of  section  thirty-two,  which,  taken  in  connection  with 
the  preceding  section,  would  require  national  banking  associa 
tions  organized  in  the  city  of  San  Francisco  to  redeem  their 
circulating  notes  at  par  in  the  city  of  New  York ;  and  the  last 
clause  of  section  thirty-two,  which  requires  every  national  bank 
ing  association  to  receive  in  payment  of  debts  the  notes  of  every 
other  national  banking  association  at  par :  Provided,  That  in 
applying  the  provisions  and  requirements  of  said  act  to  the 
banking  associations  herein  provided  for,  the  terms  "  lawful 
money,"  and  "  lawful  money  of  the  United  States,"  shall  be 
held  and  construed  to  mean  gold  or  silver  coin  of  the  United 
States. 

APPROVED,  July  12,  1870. 


No.   87.     Naturalization  Act 

July  14,  1870 

NUMEROUS  proposals  to  amend  the  naturalization  laws  came  before  Congress 
during  the  session  of  1869-1870,  called  out  in  part  by  the  recent  election 
frauds  in  New  York.  Bills  introduced  February  2  and  March  2,  1870,  by 
Noah  Davis  of  New  York,  from  the  Committee  on  the  Judiciary,  were  recom 
mitted.  A  new  bill  was  introduced  by  Davis  June  13,  and  passed  the  same 
day  under  suspension  of  the  rules  by  a  vote  of  130  to  49,  51  not  voting.  This 


1870]  NATURALIZATION  ACT  239 

was  the  bill  as  finally  passed,  except  the  last  three  sections.  A  substitute  was 
reported  in  the  Senate  on  the  i8th.  July  4,  by  a  vote  of  21  to  20,  amend 
ments  extending  the  privilege  of  naturalization  to  African  aliens  and  persons 
of  African  descent,  and  providing  for  supervisors  and  deputies  in  certain 
cases,  were  agreed  to,  and  the  bill  passed,  the  final  vote  being  33  to  8.  The 
House,  by  a  vote  of  132  to  53,  45  not  voting,  concurred  in  the  amendments  of 
the  Senate.  There  was  strong  opposition  to  the  bill  in  both  houses. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVI,  254-256.  For  the 
proceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  2d  Sess.,  and 
the  Cong.  Globe.  On  the  election  frauds  in  New  York  see  House  Report  31, 
4Oth  Cong.,  3d  Sess.  See  further  Wharton,  International  Law  Digest,  II, 
chap.  7. 

An  Act  to  amend  the  Naturalization  Laws  and  to  punish  Crimes 
against  the  same,  and  for  other  Purposes. 

Be  it  enacted  .  .  .,  That  in  all  cases  where  any  oath,  affirma 
tion,  or  affidavit  shall  be  made  or  taken  under  or  by  virtue  of 
any  act  or  law  relating  to  the  naturalization  of  aliens,  or  in  any 
proceedings  under  such  acts  or  laws,  and  any  person  or  persons 
taking  or  making  such  oath,  affirmation,  or  affidavit,  shall  know 
ingly  swear  or  affirm  falsely,  the  same  shall  be  deemed  and 
taken  to  be  perjury,  and  the  person  or  persons  guilty  thereof 
shall  upon  conviction  thereof  be  sentenced  to  imprisonment  for 
a  term  not  exceeding  five  years  and  not  less  than  one  year,  and 
to  a  fine  not  exceeding  one  thousand  dollars. 

SEC.  2.  And  be  it  further  enacted,  That  if  any  person  apply 
ing  to  be  admitted  a  citizen,  or  appearing  as  a  witness  for  any 
such  person,  shall  knowingly  personate  any  other  person  than 
himself,  or  falsely  appear  in  the  name  of  a  deceased  person,  or 
in  an  assumed  or  fictitious  name,  or  if  any  person  shall  falsely 
make,  forge,  or  counterfeit  any  oath,  affirmation,  notice,  affidavit, 
certificate,  order,  record,  signature,  or  other  instrument,  paper, 
or  proceeding  required  or  authorized  by  any  law  or  act  relating 
to  or  providing  for  the  naturalization  of  aliens ;  or  shall  utter, 
sell,  dispose  of,  or  use  as  true  or  genuine,  or  for  any  unlawful 
purpose,  any  false,  forged,  ante-dated,  or  counterfeit  oath,  affir 
mation,  notice,  certificate,  order,  record,  signature,  instrument, 
paper,  or  proceeding  as  aforesaid ;  or  sell  or  dispose  of  to  any 


240  NATURALIZATION  ACT  [July  14 

person  other  than  the  person  for  whom  it  was  originally  issued, 
any  certificate  of  citizenship,  or  certificate  showing  any  person 
to  be  admitted  a  citizen ;  or  if  any  person  shall  in  any  manner 
use  for  the  purpose  of  registering  as  a  voter,  or  as  evidence  of 
a  right  to  vote,  or  otherwise,  unlawfully,  any  order,  certificate  of 
citizenship,  or  certificate,  judgment,  or  exemplification,  show 
ing  such  person  to  be  admitted  to  be  a  citizen,  whether  hereto 
fore  or  hereafter  issued  or  made,  knowing  that  such  order  or 
certificate,  judgment,  or  exemplification  has  been  unlawfully 
issued  or  made  ;  or  if  any  person  shall  unlawfully  use,  or  attempt 
to  use,  any  such  order  or  certificate,  issued  to  or  in  the  name  of 
any  other  person,  or  in  a  fictitious  name,  or  the  name  of  a  de 
ceased  person ;  or  use,  or  attempt  to  use,  or  aid,  or  assist,  or 
participate  in  the  use  of  any  certificate  of  citizenship,  knowing 
the  same  to  be  forged,  or  counterfeit,  or  ante-dated,  or  knowing 
the  same  to  have  been  procured  by  fraud,  or  otherwise  unlaw 
fully  obtained  ;  or  if  any  person,  and  without  lawful  excuse,  shall 
knowingly  have  or  be  possessed  of  any  false,  forged,  ante-dated, 
or  counterfeit  certificate  of  citizenship,  purporting  to  have  been 
issued  under  the  provisions  of  any  law  of  the  United  States 
relating  to  naturalization,  knowing  such  certificate  to  be  false, 
forged,  ante-dated,  or  counterfeit,  with  intent  unlawfully  to  use 
the  same ;  or  if  any  person  shall  obtain,  accept,  or  receive  any 
certificate  of  citizenship  known  to  such  person  to  have  been  pro 
cured  by  fraud  or  by  the  use  of  any  false  name,  or  by  means  of 
any  false  statement  made  with  intent  to  procure,  or  to  aid  in 
procuring,  the  issue  of  such  certificate,  or  known  to  such  person 
to  be  fraudulently  altered  or  ante-dated  ;  or  if  any  person  who 
has  been  or  may  be  admitted  to  be  a  citizen  shall,  on  oath  or 
affirmation,  or  by  affidavit,  knowingly  deny  that  he  has  been  so 
admitted,  with  intent  to  evade  or  avoid  any  duty  or  liability  im 
posed  or  required  by  law,  every  person  so  offending  shall  be 
deemed  and  adjudged  guilty  of  felony,  and,  on  conviction  thereof, 
shall  be  sentenced  to  be  imprisoned  and  kept  at  hard  labor  for 
a  period  not  less  than  one  year  nor  more  than  five  years,  or  be 
fined  in  a  sum  not  less  than  three  hundred  dollars  nor  more 


1870]  NATURALIZATION  ACT  241 

than  one  thousand  dollars,  or  both  such  punishments  may  be 
imposed,  in  the  discretion  of  the  court.  And  every  person  who 
shall  knowingly  and  intentionally  aid  or  abet  any  person  in  the 
commission  of  any  such  felony,  or  attempt  to  do  any  act  hereby 
made  felony,  or  counsel,  advise,  or  procure,  or  attempt  to  pro 
cure,  the  commission  thereof,  shall  be  liable  to  indictment  and 
punishment  in  the  same  manner  and  to  the  same  extent  as  the 
principal  party  guilty  of  such  felony,  and  such  person  may  be 
tried  and  convicted  thereof  without  the  previous  conviction  of 
such  principal. 

SEC.  4.  And  be  it  further  enacted,  That  the  provisions  of  this 
act  shall  apply  to  all  proceedings  had  or  taken,  or  attempted  to 
be  had  or  taken,  before  any  court  in  which  any  proceeding  for 
naturalization  shall  be  commenced,  had,  or  taken,  or  attempted 
to  be  commenced  ;  and  the  courts  of  the  United  States  shall 
have  jurisdiction  of  all  offenses  under  the  provisions  of  this  act, 
in  or  before  whatsoever  court  or  tribunal  the  same  shall  have 
been  committed. 

SEC.  5.1  And  be  it  further  enacted,  That  in  any  city  having 
upwards  of  twenty  thousand  inhabitants,  it  shall  be  the  duty  of 
the  judge  of  the  circuit  court  of  the  United  States  for  the  circuit 
wherein  said  city  shall  be,  upon  the  application  of  two  citizens,  to 
appoint  in  writing  for  each  election  district  or  voting  precinct  in 
said  city,  and  to  change  or  renew  said  appointment  as  occasion 
may  require,  from  time  to  time,  two  citizens  resident  of  the  dis 
trict  or  precinct,  one  from  each  political  party,  who,  when  so 
designated,  shall  be,  and  are  hereby,  authorized  to  attend  at  all 
times  and  places  fixed  for  the  registration  of  voters,  who,  being 
registered,  would  be  entitled  to  vote  for  representatives  in  Con 
gress,  and  at  all  times  and  places  for  holding  elections  of  repre 
sentatives  in  Congress,  and  for  counting  the  votes  cast  at  said 
elections,  and  to  challenge  any  name  proposed  to  be  registered, 
and  any  vote  offered,  and  to  be  present  and  witness  throughout 
the  counting  of  all  votes,  and  to  remain  where  the  ballot-boxes 
are  kept  at  all  times  after  the  polls  are  open  until  the  votes  are 

1  Repealed  by  act  of  February  28,  1871,  section  18  {post,  p.  261). 
R 


242  REFUNDING  THE  NATIONAL  DEBT  [July  14 

finally  counted ;  and  said  persons  and  either  of  them  shall  have 
the  right  to  affix  their  signature  or  his  signature  to  said  register 
for  purposes  of  identification,  and  to  attach  thereto,  or  to  the  cer 
tificate  of  the  number  of  votes  cast,  and  [any]  statement  touching 
the  truth  or  fairness  thereof  which  they  or  he  may  ask  to  attach  ; 
and  any  one  who  shall  prevent  any  person  so  designated  from 
doing  any  of  the  acts  authorized  as  aforesaid,  or  who  shall  hin 
der  or  molest  any  such  person  in  doing  any  of  the  said  acts,  or 
shall  aid  or  abet  in  preventing,  hindering,  or  molesting  any  such 
person  in  respect  of  any  such  acts,  shall  be  guilty  of  a  misde 
meanor,  and  on  conviction  shall  be  punished  by  imprisonment 
not  less  than  one  year. 

SEC.  6.1  And  be  it  further  enacted,  That  in  any  city  having 
upwards  of  twenty  thousand  inhabitants,  it  shall  be  lawful  for 
the  marshal  of  the  United  States  for  the  district  wherein  said 
city  shall  be,  to  appoint  as  many  special  deputies  as  may  be 
necessary  to  preserve  order  at  any  election  at  which  repre 
sentatives  in  Congress  are  to  be  chosen  ;  and  said  deputies 
are  hereby  authorized  to  preserve  order  at  such  elections,  and 
to  arrest  for  any  offence  or  breach  of  the  peace  committed  in 
their  view. 

SEC.  7.  And  be  it  further  enacted,  That  the  naturalization 
laws  are  hereby  extended  to  aliens  of  African  nativity  and  to 
persons  of  African  descent. 

APPROVED,  July  14,  1870. 


No.   88.     Act  for  refunding  the  National  Debt 

July  14,  1870 

IN  his  annual  report  of  December  6,  1869,  the  Secretary  of  the  Treasury 
called  attention  to  the  fact  that  the  bonds  known  as  5~2o's,  amounting  to 
$1,602,671,100,  were  either  redeemable  or  soon  to  become  redeemable.  A  bill 
to  provide  for  refunding  the  national  debt  was  introduced  in  the  Senate  by 
Sumner  January  12,  1870,  and  referred  to  the  Committee  on  Finance,  which 

1  Repealed  by  act  of  February  28,  1871,  section  18  (post,  p.  261). 


1870]  REFUNDING  THE  NATIONAL  DEBT  243 

reported  February  3,  through  Sherman,  a  substitute.  The  matter  formed  one 
of  the  principal  subjects  of  discussion  for  the  remainder  of  the  session.  The 
substitute  bill  with  amendments  passed  the  Senate,  March  II,  by  a  vote  of  32 
to  10.  The  House  left  the  bill  without  action  until  July  I,  when  a  substitute 
reported  by  Schenck,  from  the  Committee  of  Ways  and  Means,  was  agreed  to, 
the  final  vote  being  129  to  42,  58  not  voting.  The  chief  difference  between 
the  two  bills  was  in  the  character  of  the  bonds  to  be  issued.  The  Senate 
refused  to  accept  the  substitute  of  the  House.  A  report  of  a  conference  com 
mittee,  July  12,  being  the  act  as  approved  with  an  additional  section  requiring 
the  deposit  of  registered  bonds  as  security  for  bank  circulation,  was  rejected 
by  the  House  by  a  vote  of  88  to  103.  A  second  report  was  agreed  to  the 
next  day,  in  the  House  by  a  vote  of  139  to  54,  37  not  voting,  and  in  the  Senate 
without  a  division.  An  amending  act  of  January  20,  1871,  increased  the 
amount  of  five  per  cent  bonds  to  $500,000,000,  but  without  increasing  the 
total  issue. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVI,  272-274.  For  the 
proceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  On  Sumner's  bill  see  his  remarks  in  the  Globe,  January  12;  on 
the  Senate  substitute,  Sherman's  remarks,  ibid.,  February  28,  and  Senate 
Report  4.  Cf.  Sherman's  strictures  on  the  act  in  his  Recollections,  I,  451-458. 
On  the  funding  of  the  debt  see  Dewey,  Financial  History,  chap.  14,  and 
references  there  given.  See  also  House  Exec.  Doc.  207,  43d  Cong.,  1st  Sess.; 
House  Report  951,  5Oth  Cong.,  1st  Sess. 

An  Act  to  authorize  the  Refunding  of  the  national  Debt. 

Be  it  enacted  .  .  .,  That  the  Secretary  of  the  Treasury  is 
hereby  authorized  to  issue,  in  a  sum  or  sums  not  exceeding  in 
the  aggregate  two  hundred  million  dollars,  coupon  or  registered 
bonds  of  the  United  States,  in  such  form  as  he  may  prescribe, 
and  of  denominations  of  fifty  dollars,  or  some  multiple  of  that 
sum,  redeemable  in  coin  of  the  present  standard  value,  at  the 
pleasure  of  the  United  States,  after  ten  years  from  the  date  of 
their  issue,  and  bearing  interest,  payable  semiannually  in  such 
coin,  at  the  rate  of  five  per  cent,  per  annum  ;  also  a  sum  or  sums 
not  exceeding  in  the  aggregate  three  hundred  million  dollars  of 
like  bonds,  the  same  in  all  respects,  but  payable  at  the  pleasure 
of  the  United  States,  after  fifteen  years  from  the  date  of  their 
issue,  and  bearing  interest  at  the  rate  of  four  and  a  half  per 
cent,  per  annum  ;  also  a  sum  or  sums  not  exceeding  in  the 


244  REFUNDING  THE  NATIONAL  DEBT  [July  14 

aggregate  one  thousand  million  dollars  of  like  bonds,  the  same 
in  all  respects,  but  payable  at  the  pleasure  of  the  United  States, 
after  thirty  years  from  the  date  of  their  issue,  and  bearing  in 
terest  at  the  rate  of  four  per  cent,  per  annum  ;  all  of  which  said 
several  classes  of  bonds  and  the  interest  thereon  shall  be  exempt 
from  the  payment  of  all  taxes  or  duties  of  the  United  States,  as 
well  as  from  taxation  in  any  form  by  or  under  State,  municipal, 
or  local  authority ;  and  the  said  bonds  shall  have  set  forth  and 
expressed  upon  their  face  the  above-specified  conditions,  and 
shall,  with  their  coupons,  be  made  payable  at  the  treasury  of 
the  United  States.  But  nothing  in  this  act,  or  in  any  other  law 
now  in  force,  shall  be  construed  to  authorize  any  increase  what 
ever  of  the  bonded  debt  of  the  United  States. 

SEC.  2.  And  be  it  further  enacted ',  That  the  Secretary  of  the 
Treasury  is  hereby  authorized  to  sell  and  dispose  of  any  of  the 
bonds  issued  under  this  act,  at  not  less  than  their  par  value  for 
coin,  and  to  apply  the  proceeds  thereof  to  the  redemption  of 
any  of  the  bonds  of  the  United  States  outstanding,  and  known 
as  five-twenty  bonds,  at  their  par  value,  or  he  may  exchange 
the  same  for  such  five-twenty  bonds,  par  for  par ;  but  the  bonds 
hereby  authorized  shall  be  used  for  no  other  purpose  whatso 
ever.  ...Y* 

SEC.  3.  [Payment  of  bonds,  in  what  amounts,  how  determined, 
&c.] 

SEC.  4.  And  be  it  further  enacted,  That  the  Secretary  of  the 
Treasury  is  hereby  authorized,  with  any  coin  in  the  treasury  of 
the  United  States  which  he  may  lawfully  apply  to  such  purpose, 

1  An  act  of  January  25,  1879,  provided  "  that  the  Secretary  of  the  Treasury  is 
hereby  authorized  in  the  process  of  refunding  the  national  debt  under  existing  laws 
to  exchange  directly  at  par  the  bonds  of  the  United  States  bearing  interest  at  four 
per  centum  per  annum  authorized  by  law  for  the  bonds  of  the  United  States  com 
monly  known  as  five-twenties  outstanding  and  uncalled,  and,  whenever  all  such 
five-twenty  bonds  shall  have  been  redeemed,  the  provisions  of  this  section  and  all 
existing  provisions  of  law  authorizing  the  refunding  of  the  national  debt  shall  apply 
to  any  bonds  of  the  United  States  bearing  interest  at  five  per  centum  per  annum  or 
a  higher  rate,  which  may  be  redeemable.  In  any  exchange  made  under  the  provi 
sions  of  this  section  interest  may  be  allowed,  on  the  bonds  redeemed,  for  a  period 
of  three  months." 


1870]  REFUNDING  THE  NATIONAL  DEBT  245 

or  which  may  be  derived  from  the  sale  of  any  of  the  bonds,  the 
issue  of  which  is  provided  for  in  this  act,  to  pay  at  par  and 
cancel  any  six  per  cent,  bonds  of  the  United  States  of  the  kind 
known  as  five-twenty  bonds,  which  have  become  or  shall  here 
after  become  redeemable  by  the  terms  of  their  issue.  .  .  . 

SEC.  5.  And  be  it  further  enacted.  That  the  Secretary  of  the 
Treasury  is  hereby  authorized,  at  any  time  within  two  years 
from  the  passage  of  this  act,  to  receive  gold  coin  of  the  United 
States  on  deposit  for  not  less  than  thirty  days,  in  sums  of  not 
less  than  one  hundred  dollars,  with  the  Treasurer,  or  any 
assistant  treasurer  of  the  United  States  authorized  by  the 
Secretary  of  the  Treasury  to  receive  the  same,  who  shall  issue 
therefor  certificates  of  deposit,  made  in  such  form  as  the 
Secretary  of  the  Treasury  shall  prescribe,  and  said  certificates 
of  deposit  shall  bear  interest  at  a  rate  not  exceeding  two  and 
a  half  per  cent,  per  annum ;  and  any  amount  of  gold  coin  so 
deposited  may  be  withdrawn  from  deposit  at  any  time  after 
thirty  days  from  the  date  of  deposit,  and  after  ten  days'  notice 
and  on  the  return  of  said  certificates  :  Provided,  That  the 
interest  on  all  such  deposits  shall  cease  and  determine  at  the 
pleasure  of  the  Secretary  of  the  Treasury.  And  not  less  than 
twenty-five  per  cent,  of  the  coin  deposited  for  or  represented 
by  said  certificates  of  deposits  shall  be  retained  in  the  treasury 
for  the  payment  of  said  certificates  ;  and  the  excess  beyond 
twenty-five  per  cent,  may  be  applied  at  the  discretion  of  the 
Secretary  of  the  Treasury  to  the  payment  or  redemption  of 
such  outstanding  bonds  of  the  United  States  heretofore  issued 
and  known  as  the  five-twenty  bonds,  as  he  may  designate  under 
the  provisions  of  the  fourth  section  of  this  act ;  and  any  certifi 
cates  of  deposit  issued  as  aforesaid,  may  be  received  at  par 
with  the  interest  accrued  thereon  in  payment  for  any  bonds 
authorized  to  be  issued  by  this  act. 

SEC.  6.  [Bonds  purchased  and  held  in  the  treasury  under 
act  of  February  25,  1862,  and  other  bonds  hereafter  purchased 
and  held,  &c.,  to  be  destroyed.] 

APPROVED,  July  14,  1870. 


246  RESTORATION   OF  GEORGIA  [July  15 

No.   89.     Act  for  the  Restoration  of   Georgia 

July  15,  1870 

A  BILL  for  the  restoration  of  Georgia,  similar  in  purport  to  the  acts  for  the 
restoration  of  Mississippi  and  Texas,  was  reported  in  the  House,  February  25, 
1870,  by  Butler  of  Massachusetts,  from  the  Committee  on  Reconstruction,  and 
passed,  March  8,  by  a  vote  of  115  to  71,  34  not  voting.  The  Senate  added 
section  2  of  the  act,  and  further  amendments  declaring  the  existing  govern 
ment  of  the  State  provisional,  directing  the  holding  of  a  new  election,  and 
authorizing  the  President  to  suppress  disorder.  The  amended  bill  passed  the 
Senate,  April  19,  by  a  vote  of  27  to  25.  The  bill  was  left  without  further 
action  until  June  24,  when  the  House  Committee  on  Reconstruction  reported 
in  favor  of  the  passage  of  the  House  bill  with  amendments.  The  Senate 
refused  to  concur,  and  the  final  form  of  the  bill  was  settled  by  a  conference 
committee.  The  report  of  the  committee  was  accepted  by  both  houses,  July  14, 
without  a  division. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVI,  363,  364.  For  the 
proceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  On  political  conditions  in  Georgia  see  House  Exec.  Doc.  288. 

An  Act  relating  to  the  State  of  Georgia. 

Be  it  enacted  .  .  .,  That  the  State  of  Georgia  having  complied 
with  the  reconstruction  acts,  and  the  fourteenth  and  fifteenth 
articles  of  amendments  to  the  Constitution  of  the  United  States 
having  been  ratified  in  good  faith  by  a  legal  legislature  of  said 
State,  it  is  hereby  declared  that  the  State  of  Georgia  is  entitled 
to  representation  in  the  Congress  of  the  United  States.  But 
nothing  in  this  act  contained  shall  be  construed  to  deprive  the 
people  of  Georgia  of  the  right  to  an  election  for  members  of 
the  general  assembly  of  said  State,  as  provided  for  in  the 
Constitution  thereof;  and  nothing  in  this  or  any  other  act  of 
Congress  shall  be  construed  to  affect  the  term  to  which  any 
officer  has  been  appointed  or  any  member  of  the  general  assem 
bly  elected  as  prescribed  by  the  Constitution  of  the  State  of 
Georgia. 

SEC.  2.  And  be  it  further  enacted,  That  so  much  of  the  act 
entitled  "  An  act  making  appropriations  for  the  support  of  the 
army  for  the  year  ending  June  thirty,  eighteen  hundred  and 


1870]  SAN  DOMINGO  COMMISSIONERS  247 

sixty-eight,  and  for  other  purposes,"  approved  March  two,  eigh 
teen  hundred  and  sixty-seven,  as  prohibits  the  organization, 
arming,  or  calling  into  service  of  the  militia  forces  in  the  States 
of  Georgia,  Mississippi,  Texas,  and  Virginia,  be,  and  the  same 
is  hereby,  repealed. 

APPROVED,  July  15,  1870. 


No.   90.     San  Domingo  Commissioners 

January  12,  1871 

THE  question  of  the  annexation  of  the  island  of  Dominica,  or  San  Do 
mingo,  began  to  be  widely  discussed  in  1869.  A  commissioner,  Orville  E. 
Babcock,  was  sent  to  the  island  by  President  Grant,  and  November  29  a 
treaty  of  annexation  was  concluded.  The  treaty  was  ratified  by  San  Domingo, 
but  the  opposition  in  the  United  States  was  strong.  In  a  special  message  of 
May  31,  1870,  Grant,  who  had  throughout  strongly  favored  annexation,  urged 
ratification,  but  June  30  the  treaty  was  rejected  by  the  Senate.  In  his  annual 
message  of  December  5  Grant  discussed  the  matter  at  length,  and  suggested 
that  Congress  authorize  the  appointment  of  a  commission  to  negotiate  for  the 
acquisition  of  the  island.  December  9  Sumner  submitted  in  the  Senate  a 
resolution  calling  for  papers  and  correspondence,  and  also  for  a  considerable 
variety  of  information  about  San  Domingo.  On  the  I2th  a  resolution  sub 
stantially  identical  with  the  one  finally  agreed  upon  was  introduced  by  Oliver 
P.  Morton  of  Indiana,  and  on  the  2ist,  after  an  all-night  session,  passed  by  a 
vote  of  32  to  9,  30  not  voting.  The  House,  by  a  vote  of  108  to  76,  50  not 
voting,  added  the  proviso  of  section  3,  and  on  January  10  agreed  to  the 
resolution  as  amended,  the  vote  being  123  to  63,  47  not  voting.  The  next 
day  the  Senate,  by  a  vote  of  57  to  o,  concurred.  Sumner's  resolution  was 
agreed  to  January  4.  The  report  of  the  commissioners  was  transmitted  to 
Congress  April  5 ;  but  Grant,  though  still  maintaining  his  opinion  in  favor  of 
annexation,  recognized  the  divided  state  of  public  opinion,  and  recommended 
that  Congress  take  no  immediate  action  beyond  printing  the  report. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XVI,  591.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  3d  Sess.,  and  the 
Cong.  Globe.  The  report  of  the  commissioners  is  Senate  Exec.  Doc.  9,  42d 
Cong.,  ist  Sess.;  see  also  Senate  Misc.  Doc.  jj,  ibid.;  Senate  Exec.  Doc.  53, 
42d  Cong.,  2d  Sess.;  Senate  Exec.  Doc.  ij  and  House  Exec.  Docs.  42  and  43, 
4ist  Cong.,  3d  Sess.;  Pierce,  Sumner,  IV,  chaps.  55  and  56. 


248  SAN  DOMINGO  COMMISSIONERS  [Jan.  12 

A  Resolution  authorizing  the  Appointment  of  Commissioners  in 
Relation  to  the  Republic  of  Dominica. 

Resolved  .  .  .,  That  the  President  of  the  United  States  be 
authorized  to  appoint  three  commissioners,  and  also  a  secretary, 
the  latter  to  be  versed  in  the  English  and  Spanish  languages,  to 
proceed  to  the  island  of  San  Domingo,  and  to  such  other  places, 
if  any,  as  such  commissioners  may  deem  necessary,  and  there 
to  inquire  into,  ascertain,  and  report  the  political  state  and  con 
dition  of  the  republic  of  Dominica,  the  probable  number  of  in 
habitants,  and  the  desire  and  disposition  of  the  people  of  the 
said  republic  to  become  annexed  to  and  to  form  part  of  the  peo 
ple  of  the  United  States ;  the  physical,  mental,  and  moral  con 
dition  of  the  said  people,  and  their  general  condition  as  to 
material  wealth  and  industrial  capacity;  the  resources  of  the 
country ;  its  mineral  and  agricultural  products ;  the  products  of 
its  waters  and  forests ;  the  general  character  of  the  soil ;  the 
extent  and  proportion  thereof  capable  of  cultivation  ;  the  climate 
and  health  of  the  country ;  its  bays,  harbors,  and  rivers ;  its  gen 
eral  meteorological  character,  and  the  existence  and  frequency 
of  remarkable  meteorological  phenomena ;  the  debt  of  the  gov 
ernment  and  its  obligations,  whether  funded,  and  ascertained, 
and  admitted,  or  unadjusted  and  under  discussion ;  treaties  or 
engagements  with  other  powers  ;  extent  of  boundaries  and  terri 
tory  ;  what  proportion  is  covered  by  foreign  claimants  or  by 
grants  or  concessions,  and  generally  what  concessions  or  fran 
chises  have  been  granted,  with  the  names  of  the  respective 
grantees ;  the  terms  and  conditions  on  which  the  Dominican 
government  may  desire  to  be  annexed  to  and  become  part  of 
the  United  States  as  one  of  the  Territories  thereof;  such  other 
information  with  respect  to  the  said  government  or  its  territories 
as  to  the  said  commissioners  shall  seem  desirable  or  important 
with  reference  to  the  future  incorporation  of  the  said  Domini 
can  republic  into  the  United  States  as  one  of  its  Territories. 

SEC.  2.  And  be  it  further  resolved,  That  the  said  commis 
sioners  shall,  as  soon  as  conveniently  may  be,  report  to  the 


1 87 1]     ACT  TO   ENFORCE  THE  FIFTEENTH   AMENDMENT     249 

President  of  the  United  States,  who  shall  lay  the  report  before 
Congress. 

SEC.  3.  And  be  it  further  resolved,  That  the  said  commis 
sioners  shall  serve  without  compensation,  except  the  payment 
of  expenses  .  .  . :  Provided,  That  nothing  in  these  resolutions 
contained  shall  be  held,  understood,  or  construed  as  committing 
Congress  to  the  policy  of  annexing  the  territory  of  said  republic 
of  Dominica. 

APPROVED,  January  12,  1871. 


No.    91.     Supplementary  Act  to  enforce  the 
Fifteenth  Amendment 

February  28,  1871 

A  BILL  to  amend  the  act  of  May  31,  1870,  commonly  known  as  the  "  Force 
Bill,"  was  introduced  in  the  House,  January  9,  1871,  by  John  C.  Churchill  of 
New  York,  and  referred  to  the  Committee  on  the  Judiciary.  February  15  a 
substitute  offered  by  Bingham  of  Ohio  was  agreed  to  with  amendments,  and 
the  bill  passed,  the  final  vote  being  144  to  64,  32  not  voting.  The  Senate 
passed  the  bill  on  the  24th  without  amendment  by  a  vote  of  39  to  10,  25  not 
voting.  The  act  was  further  supplemented  by  a  provision  of  the  civil  appro 
priation  act  of  June  10,  1872  [No.  95]. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVI,  433-440.  For  the 
proceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  3d  Sess.,  and  the 
Cong.  Globe. 

An  Act  to  amend  an  Act  approved  May  thirty-one,  eighteen  hun 
dred  and  seventy,  entitled  "An  Act  to  enforce  the  Rights  of  Citizens 
of  the  United  States  to  vote  in  the  several  States  of  this  Union, 
and  for  other  Purposes" 

Be  it  enacted  .  .  .,  That  section  twenty  of  the  .  .  .  [act  of 
May  31,  1870]  .  .  .  shall  be,  and  hereby  is,  amended  so  as  to 
read  as  follows  :  — 

"SEC.  20.  And  be  it  further  enacted,  That  if,  [at]  any  regis 
tration  of  voters  for  an  election  for  representative  or  delegate 
in  the  Congress  of  the  United  States,  any  person  shall  know- 


2 $O    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT   [Feb.  28 

ingly  personate  and  register,  or  attempt  to  register,  in  the  name 
of  any  other  person,  whether  living,  dead,  or  fictitious,  or 
fraudulently  register,  or  fraudulently  attempt  to  register,  not 
having  a  lawful  right  so  to  do ;  or  do  any  unlawful  act  to  se 
cure  registration  for  himself  or  any  other  person ;  or  by  force, 
threat,  menace,  intimidation,  bribery,  reward,  or  offer,  or  prom 
ise  thereof,  or  other  unlawful  means,  prevent  or  hinder  any 
person  having  a  lawful  right  to  register  from  duly  exercising 
such  right ;  or  compel  or  induce,  by  any  of  such  means,  or 
other  unlawful  means,  any  officer  of  registration  to  admit  to 
registration  any  person  not  legally  entitled  thereto,  or  interfere 
in  any  manner  with  any  officer  of  registration  in  the  discharge 
of  his  duties,  or  by  any  such  means,  or  other  unlawful  means, 
induce  any  officer  of  registration  to  violate  or  refuse  to  comply 
with  his  duty  or  any  law  regulating  the  same ;  or  if  any  such 
officer  shall  knowingly  and  wilfully  register  as  a  voter  any  per 
son  not  entitled  to  be  registered,  or  refuse  to  so  register  any 
person  entitled  to  be  registered ;  or  if  any  such  officer  or  other 
person  whose  duty  it  is  to  perform  any  duty  in  relation  to  such 
registration  or  election,  or  to  ascertain,  announce,  or  declare  the 
result  thereof,  or  give  or  make  any  certificate,  document,  or  evi 
dence  in  relation  thereto,  shall  knowingly  neglect  or  refuse  to 
perform  any  duty  required  by  law,  or  violate  any  duty  imposed 
by  law,  or  do  any  act  unauthorized  by  law  relating  to  or  affecting 
such  registration  or  election,  or  the  result  thereof,  or  any  certifi 
cate,  document,  or  evidence  in  relation  thereto,  or  if  any  person 
shall  aid,  counsel,  procure,  or  advise  any  such  voter,  person,  or 
officer  to  do  any  act  hereby  made  a  crime,  or  to  omit  any  act 
the  omission  of  which  is  hereby  made  a  crime,  every  such  person 
shall  be  deemed  guilty  of  a  crime,  and  shall  be  liable  to  prose 
cution  and  punishment  therefor  as  provided  in  section  nineteen 
of  said  act  of  May  thirty-one,  eighteen  hundred  and  seventy, 
for  persons  guilty  of  any  of  the  crimes  therein  specified :  Pro 
vided,  That  every  registration  made  under  the  laws  of  any  State 
or  Territory  for  any  State  or  other  election  at  which  such  rep 
resentative  or  delegate  in  Congress  shall  be  chosen,  shall  be 


1871]     ACT  TO   ENFORCE  THE  FIFTEENTH   AMENDMENT 

deemed  to  be  a  registration  within  the  meaning  of  this  act,  not 
withstanding  the  same  shall  also  be  made  for  the  purposes  of 
any  State,  territorial,  or  municipal  election." 

SEC.  2.  And  be  it  further  enacted,  That  whenever  in  any  city 
or  town  having  upward  of  twenty  thousand  inhabitants,  there 
shall  be  two  citizens  thereof  who,  prior  to  any  registration  of 
voters  for  an  election  for  representative  or  delegate  in  the  Con 
gress  of  the  United  States,  or  prior  to  any  election  at  which  a 
representative  or  delegate  in  Congress  is  to  be  voted  for,  shall 
make  known,  in  writing,  to  the  judge  of  the  circuit  court  of  the 
United  States  for  the  circuit  wherein  such  city  or  town  shall  be, 
their  desire  to  have  said  registration,  or  said  election,  or  both, 
guarded  and  scrutinized,  it  shall  be  the  duty  of  the  said  judge 
of  the  circuit  court,  within  not  less  than  ten  days  prior  to  said 
registration,  if  one  there  be,  or,  if  no  registration  be  required, 
within  not  less  than  ten  days  prior  to  said  election,  to  open  the 
said  circuit  court  at  the  most  convenient  point  in  said  circuit. 
And  the  said  court,  when  so  opened  by  said  judge,  shall  proceed 
to  appoint  and  commission,  from  day  to  day  and  from  time  to 
time,  and  under  the  hand  of  the  said  circuit  judge,  and  under  the 
seal  of  said  court,  for  each  election  district  or  voting  precinct 
in  each  and  every  such  city  or  town  as  shall,  in  the  manner 
herein  prescribed,  have  applied  therefor,  and  to  revoke,  change, 
or  renew  said  appointment  from  time  to  time,  two  citizens,  resi 
dents  of  said  city  or  town,  who  shall  be  of  different  political 
parties,  and  able  to  read  and  write  the  English  language,  and 
who  shall  be  known  and  designated  as  supervisors  of  election. 
And  the  said  circuit  court,  when  opened  by  the  said  circuit  judge 
as  required  herein,  shall  therefrom  and  thereafter,  and  up  to 
and  including  the  day  following  the  day  of  election,  be  always 
open  for  the  transaction  of  business  under  this  act,  and  the 
powers  and  jurisdiction  hereby  granted  and  conferred  shall  be 
exercised  as  well  in  vacation  as  in  term  time ;  and  a  judge  sit 
ting  at  chambers  shall  have  the  same  powers  and  jurisdiction, 
including  the  power  of  keeping  order  and  of  punishing  any 
contempt  of  his  authority,  as  when  sitting  in  court. 


2$2    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT   [Feb.  28 

SEC.  3.  [In  case  of  the  inability  of  the  circuit  judge  to  act, 
a  district  judge  to  be  designated.] 

SEC.  4.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  supervisors  of  election,  appointed  under  this  act,  and  they  and 
each  of  them  are  hereby  authorized  and  required,  to  attend  at 
all  times  and  places  fixed  for  the  registration  of  voters,  who, 
being  registered,  would  be  entitled  to  vote  for  a  representative 
or  delegate  in  Congress,  and  to  challenge  any  person  offering 
to  register ;  to  attend  at  all  times  and  places  when  the  names  of 
registered  voters  may  be  marked  for  challenge,  and  to  cause 
such  names  registered  as  they  shall  deem  proper  to  be  so 
marked ;  to  make,  when  required,  the  lists,  or  either  of  them, 
provided  for  in  section  thirteen  of  this  act,  and  verify  the  same ; 
and  upon  any  occasion,  and  at  any  time  when  in  attendance 
under  the  provisions  of  this  act,  to  personally  inspect  and  scru 
tinize  such  registry,  and  for  purposes  of  identification  to  affix 
their  or  his  signature  to  each  and  every  page  of  the  original 
list,  and  of  each  and  every  copy  of  any  such  list  of  registered 
voters,  at  such  times,  upon  each  day  when  any  name  may  or 
shall  be  received,  entered,  or  registered,  and  in  such  manner  as 
will,  in  their  or  his  judgment,  detect  and  expose  the  improper 
or  wrongful  removal  therefrom,  or  addition  thereto,  in  any  way, 
of  any  name  or  names. 

SEC.  5.  And  be  it  further  enacted,  That  it  shall  also  be  the 
duty  of  the  said  supervisors  of  election,  and  they,  and  each  of 
them,  are  hereby  authorized  and  required,  to  attend  at  all  times 
and  places  for  holding  elections  of  representatives  or  delegates 
in  Congress,  and  for  counting  the  votes  cast  at  said  elections ; 
to  challenge  any  vote  offered  by  any  person  whose  legal  qualifi 
cations  the  supervisors,  or  either  of  them,  shall  doubt ;  to  be 
and  remain  where  the  ballot-boxes  are  kept  at  all  times  after  the 
polls  are  open  until  each  and  every  vote  cast  at  said  time  and 
place  shall  be  counted,  the  canvass  of  all  votes  polled  be  wholly 
completed,  and  the  proper  and  requisite  certificates  or  returns 
made,  whether  said  certificates  or  returns  be  required  under  any 
law  of  the  United  States,  or  any  State,  territorial,  or  municipal 


1871]     ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT    253 

law,  and  to  personally  inspect  and  scrutinize,  from  time  to  time, 
and  at  all  times,  on  the  day  of  election,  the  manner  in  which  the 
voting  is  done,  and  the  way  and  method  in  which  the  poll- 
books,  registry-lists,  and  tallies  or  check-books,  whether  the 
same  are  required  by  any  law  of  the  United  States,  or  any  State, 
territorial,  or  municipal  law,  are  kept ;  and  to  the  end  that  each 
candidate  for  the  office  of  representative  or  delegate  in  Congress 
shall  obtain  the  benefit  of  every  vote  for  him  cast,  the  said  su 
pervisors  of  election  are,  and  each  of  them  is,  hereby  required, 
in  their  or  his  respective  election  districts  or  voting  precincts,  to 
personally  scrutinize,  count,  and  canvass  each  and  every  ballot 
in  their  or  his  election  district  or  voting  precinct  cast,  whatever 
may  be  the  indorsement  on  said  ballot,  or  in  whatever  box  it 
may  have  been  placed  or  be  found ;  to  make  and  forward  to  the 
officer  who,  in  accordance  with  the  provisions  of  section  thirteen 
of  this  act,  shall  have  been  designated  as  the  chief  supervisor  of 
the  judicial  district  in  which  the  city  or  town  wherein  they  or  he 
shall  serve  shall  be,  such  certificates  and  returns  of  all  such 
ballots  as  said  officer  may  direct  and  require,  and  to  attach  to 
the  registry  list,  and  any  and  all  copies  thereof,  and  to  any  cer 
tificate,  statement,  or  return,  whether  the  same,  or  any  part  or 
portion  thereof,  be  required  by  any  law  of  the  United  States,  or 
of  any  State,  territorial,  or  municipal  law,  any  statement  touch 
ing  the  truth  or  accuracy  of  the  registry,  or  the  truth  or  fairness 
of  the  election  and  canvass,  which  the  said  supervisors  of  elec 
tion,  or  either  of  them,  may  desire  to  make  or  attach,  or  which 
should  properly  and  honestly  be  made  or  attached,  in  order  that 
the  facts  may  become  known,  any  law  of  any  State  or  Territory 
to  the  contrary  notwithstanding. 

SEC.  6.  And  be  it  further  enacted,  That  the  better  to  enable 
the  said  supervisors  of  election  to  discharge  their  duties,  they 
are,  and  each  of  them  is,  hereby  authorized  and  directed,  in 
their  or  his  respective  election  districts  or  voting  precincts,  on 
the  day  or  days  of  registration,  on  the  day  or  days  when  regis 
tered  voters  may  be  marked  to  be  challenged,  and  on  the  day 
or  days  of  election,  to  take,  occupy,  and  remain  in  such  position 


254    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT   [Feb.  28 

or  positions,  from  time  to  time,  whether  before  or  behind  the 
ballot-boxes,  as  will,  in  their  judgment,  best  enable  them  or  him 
to  see  each  person  offering  himself  for  registration  or  offering 
to  vote,  and  as  will  best  conduce  to  their  or  his  scrutinizing  the 
manner  in  which  the  registration  or  voting  is  being  conducted  ; 
and  at  the  closing  of  the  polls  for  the  reception  of  votes,  they 
are,  and  each  of  them  is,  hereby  required  to  place  themselves  or 
himself  in  such  position  in  relation  to  the  ballot-boxes  for  the 
purpose  of  engaging  in  the  work  of  canvassing  the  ballots  in 
said  boxes  contained  as  will  enable  them  or  him  to  fully  perform 
the  duties  in  respect  to  such  canvass  provided  in  this  act,  and 
shall  there  remain  until  every  duty  in  respect  to  such  canvass, 
certificates,  returns,  and  statements  shall  have  been  wholly  com 
pleted,  any  law  of  any  State  or  Territory  to  the  contrary  not 
withstanding. 

SEC.  7.  And  be  it  further  enacted,  That  if  any  election  district 
or  voting  precinct  in  any  city,  town,  or  village,  for  which  there 
shall  have  been  appointed  supervisors  of  election  for  any  elec 
tion  at  which  a  representative  or  delegate  in  Congress  shall  be 
voted  for,  the  said  supervisors  of  election,  or  either  of  them, 
shall  not  be  allowed  to  exercise  and  discharge,  fully  and  freely, 
and  without  bribery,  solicitation,  interference,  hinderance,  moles 
tation,  violence,  or  threats  thereof,  on  the  part  of  or  from  any 
person  or  persons,  each  and  every  of  the  duties,  obligations,  and 
powers  conferred  upon  them  by  this  act  and  the  act  hereby 
amended,  it  shall  be  the  duty  of  the  supervisors  of  election,  and 
each  of  them,  to  make  prompt  report,  under  oath,  within  ten 
days  after  the  day  of  election,  to  the  officer  who,  in  accordance 
with  the  provisions  of  section  thirteen  of  this  act,  shall  have 
been  designated  as  the  chief  supervisor  of  the  judicial  district 
in  which  the  city  or  town  wherein  they  or  he  served  shall  be,  of 
the  manner  and  means  by  which  they  were,  or  he  was,  not  so 
allowed  to  fully  and  freely  exercise  and  discharge  the  duties  and 
obligations  required  and  imposed  by  this  act.  And  upon  re 
ceiving  any  such  report,  it  shall  be  the  duty  of  the  said  chief 
supervisor,  acting  both  in  such  capacity  and  officially  as  a  com- 


1871]     ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT    255 

missioner  of  the  circuit  court,  to  forthwith  examine  into  all  the 
facts  thereof ;  to  subpoena  and  compel  the  attendance  before  him 
of  any  witnesses  ;  administer  oaths  and  take  testimony  in  respect 
to  the  charges  made  ;  and  prior  to  the  assembling  of  the  Con 
gress  for  which  any  such  representative  or  delegate  was  voted 
for,  to  have  filed  with  the  clerk  of  the  House  of  Representatives 
of  the  Congress  of  the  United  States  all  the  evidence  by  him 
taken,  all  information  by  him  obtained,  and  all  reports  to  him 
made. 

SEC.  8.  And  be  it  further  enacted,  That  whenever  an  election 
at  which  representatives  or  delegates  in  Congress  are  to  be 
chosen  shall  be  held  in  any  city  or  town  of  twenty  thousand 
inhabitants  or  upward,  the  marshal  of  the  United  States  for 
the  district  in  which  said  city  or  town  is  situated  shall  have 
power,  and  it  shall  be  his  duty,  on  the  application,  in  writing, 
of  at  least  two  citizens  residing  in  any  such  city  or  town,  to 
appoint  special  deputy  marshals,  whose  duty  it  shall  be,  when 
required  as  provided  in  this  act,  to  aid  and  assist  the  supervisors 
of  election  in  the  verification  of  any  list  of  persons  made  under 
the  provisions  of  this  act,  who  may  have  registered,  or  voted,  or 
either ;  to  attend  in  each  election  district  or  voting  precinct  at 
the  times  and  places  fixed  for  the  registration  of  voters,  and  at 
all  times  and  places  when  and  where  said  registration  may  by 
law  be  scrutinized,  and  the  names  of  registered  voters  be  marked 
for  challenge ;  and  also  to  attend,  at  all  times  for  holding  such 
elections,  the  polls  of  the  election  in  such  district  or  precinct. 
And  the  marshal  and  his  general  deputies,  and  such  special 
deputies,  shall  have  power,  and  it  shall  be  the  duty  of  such 
special  deputies,  to  keep  the  peace,  and  support  and  protect  the 
supervisors  of  elections  in  the  discharge  of  their  duties,  pre 
serve  order  at  such  places  of  registration  and  at  such  polls, 
prevent  fraudulent  registration  and  fraudulent  voting  thereat, 
or  fraudulent  conduct  on  the  part  of  any  officer  of  election,  and 
immediately,  either  at  said  place  of  registration  or  polling-place, 
or  elsewhere,  and  either  before  or  after  registering  or  voting, 
to  arrest  and  take  into  custody,  with  or  without  process,  any 


256    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT   [Feb.  28 

person  who  shall  commit,  or  attempt  or  offer  to  commit,  any  of 
the  acts  or  offences  prohibited  by  this  act,  or  the  act  hereby 
amended,  or  who  shall  commit  any  offence  against  the  laws 
of  the  United  States  :  Provided,  That  no  person  shall  be  arrested 
without  process  for  any  offence  not  committed  in  the  presence 
of  the  marshal  or  his  general  or  special  deputies,  or  either  of 
them,  or  of  the  supervisors  of  election,  or  either  of  them,  and, 
for  the  purposes  of  arrest  or  the  preservation  of  the  peace,  the 
supervisors  of  election,  and  each  of  them,  shall,  in  the  absence 
of  the  marshal's  deputies,  or  if  required  to  assist  such  deputies, 
have  the  same  duties  and  powers  as  deputy  marshals  :  And 
provided  further,  That  no  person  shall,  on  the  day  or  days  of 
any  such  election,  be  arrested  without  process  for  any  offence 
committed  on  the  day  or  days  of  registration. 

SEC.  9.  And  be  it  further  enacted,  That  whenever  any  arrest 
is  made  under  any  provision  of  this  act,  the  person  so  arrested 
shall  forthwith  be  brought  before  a  commissioner,  judge,  or 
court  of  the  United  States  for  examination  of  the  offences 
alleged  against  him ;  and  such  commissioner,  judge,  or  court 
shall  proceed  in  respect  thereto  as  authorized  by  law  in  case 
of  crimes  against  the  United  States. 

SEC.  10.  And  be  it  further  enacted,  That  whoever,  with  or 
without  any  authority,  power,  or  process,  or  pretended  author 
ity,  power,  or  process,  of  any  State,  territorial,  or  municipal 
authority,  shall  obstruct,  hinder,  assault,  or  by  bribery,  solici 
tation,  or  otherwise,  interfere  with  or  prevent  the  supervisors 
of  election,  or  either  of  them,  or  the  marshal  or  his  general  or 
special  deputies,  or  either  of  them,  in  the  performance  of  any 
duty  required  of  them,  or  either  of  them,  or  which  he  or  they, 
or  either  of  them,  may  be  authorized  to  perform  by  any  law  of 
the  United  States,  whether  in  the  execution  of  process  or  other 
wise,  or  shall  by  any  of  the  means  before  mentioned  hinder  or 
prevent  the  free  attendance  and  presence  at  such  places  of 
registration  or  at  such  polls  of  election,  or  full  and  free  access 
and  egress  to  and  from  any  such  place  of  registration  or  poll 
of  election,  or  in  going  to  and  from  any  such  place  of  registra- 


1871]     ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT     257 

tion  or  poll  of  election,  or  to  and  from  any  room  where  any 
such  registration  or  election  or  canvass  of  votes,  or  of  making 
any  returns  or  certificates  thereof,  may  be  had,  or  shall  molest, 
interfere  with,  remove,  or  eject  from  any  such  place  of  registra 
tion  or  poll  of  election,  or  of  canvassing  votes  cast  thereat,  or 
of  making  returns  or  certificates  thereof,  any  supervisor  of  elec 
tion,  the  marshal,  or  his  general  or  special  deputies,  or  either 
of  them,  or  shall  threaten,  or  attempt,  or  offer  so  to  do,  or  shall 
refuse  or  neglect  to  aid  and  assist  any  supervisor  of  election,  or 
the  marshal  or  his  general  or  special  deputies,  or  either  of  them, 
in  the  performance  of  his  or  their  duties  when  required  by  him 
or  them,  or  either  of  them,  to  give  such  aid  and  assistance,  he 
shall  be  guilty  of  a  misdemeanor,  and  liable  to  instant  arrest 
without  process,  and  on  conviction  thereof  shall  be  punished 
by  imprisonment  not  more  than  two  years,  or  by  fine  not  more 
than  three  thousand  dollars,  or  by  both  such  fine  and  imprison 
ment,  and  shall  pay  the  costs  of  the  prosecution.  Whoever 
shall,  during  the  progress  of  any  verification  of  any  list  of 
the  persons  who  may  have  registered  or  voted,  and  which 
shall  be  had  or  made  under  any  of  the  provisions  of  this  act, 
refuse  to  answer,  or  refrain  from  answering,  or  answering  shall 
knowingly  give  false  information  in  respect  to  any  inquiry  law 
fully  made,  such  person  shall  be  liable  to  arrest  and  imprison 
ment  as  for  a  misdemeanor,  and  on  conviction  thereof  shall  be 
punished  by  imprisonment  not  to  exceed  thirty  days,  or  by  fine 
not  to  exceed  one  hundred  dollars,  or  by  both  such  fine  and 
imprisonment,  and  shall  pay  the  costs  of  the  prosecution. 

SEC.  ii.  [Penalty  for  refusal  of  supervisor  or  deputy  marshal 
to  act.] 

SEC.  12.  And  be  it  further  enacted,  That  the  marshal,  or  his 
general  deputies,  or  such  special  deputies  as  shall  be  thereto 
specially  empowered  by  him,  in  writing,  and  under  his  hand 
and  seal,  whenever  he  or  his  said  general  deputies  or  his 
special  deputies,  or  either  or  any  of  them,  shall  be  forcibly 
resisted  in  executing  their  duties  under  this  act,  or  the  act 
hereby  amended,  or  shall,  by  violence,  threats,  or  menaces,  be 


258    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT   [Feb.  28 

prevented  from  executing  such  duties,  or  from  arresting  any 
person  or  persons  who  shall  commit  any  offence  for  which  said 
marshal  or  his  general  or  his  special  deputies  are  authorized 
to  make  such  arrest,  are,  and  each  of  them  is  hereby,  em 
powered  to  summon  and  call  to  his  or  their  aid  the  bystanders 
or  posse  comitatus  of  his  district. 

SEC.  13.  And  be  it  further  enacted,  That  it  shall  be  the  duty 
of  each  of  the  circuit  courts  of  the  United  States  in  and  for 
each  judicial  circuit,  upon  the  recommendation  in  writing  of  the 
judge  thereof,  to  name  and  appoint,  on  or  before  the  first  day 
of  May,  in  the  year  eighteen  hundred  and  seventy-one,  and 
thereafter  as  vacancies  may  from  any  cause  arise,  from  among 
the  circuit  court  commissioners  in  and  for  each  judicial  district 
in  each  of  said  judicial  circuits,  one  of  such  officers,  who  shall 
be  known  for  the  duties  required  of  him  under  this  act  as  the 
chief  supervisor  of  elections  of  the  judicial  district  in  and  for 
which  he  shall  be  a  commissioner,  and  shall,  so  long  as  faithful 
and  capable,  discharge  the  duties  in  this  act  imposed,  and  whose 
duty  it  shall  be  to  prepare  and  furnish  all  necessary  books,  forms, 
blanks,  and  instructions  for  the  use  and  direction  of  the  super 
visors  of  election  in  the  several  cities  and  towns  in  their  respec 
tive  districts ;  to  receive  the  applications  of  all  parties  for 
appointment  to  such  positions ;  and  upon  the  opening,  as  con 
templated  in  this  act,  of  the  circuit  court  for  the  judicial  circuit 
in  which  the  commissioner  so  designated  shall  act,  to  present 
such  applications  to  the  judge  thereof,  and  furnish  information 
to  said  judge  in  respect  to  the  appointment  by  the  said  court  of 
such  supervisors  of  election ;  to  require  of  the  supervisors  of 
election,  where  necessary,  lists  of  the  persons  who  may  register 
and  vote,  or  either,  in  their  respective  election  districts  or  voting 
precincts,  and  to  cause  the  names  of  those  upon  any  such  list 
whose  right  to  register  or  vote  shall  be  honestly  doubted  to 
be  verified  by  proper  inquiry  and  examination  at  the  respective 
places  by  them  assigned  as  their  residences ;  and  to  receive, 
preserve,  and  file  all  oaths  of  office  of  said  supervisors  of  elec 
tion,  and  of  all  special  deputy  marshals  appointed  under  the 


1871]     ACT  TO   ENFORCE  THE  FIFTEENTH  AMENDMENT     259 

provisions  of  this  act,  and  all  certificates,  returns,  reports,  and 
records  of  every  kind  and  nature  contemplated  or  made  requi 
site  under  and  by  the  provisions  of  this  act,  save  where  other 
wise  herein  specially  directed.  And  it  is  hereby  made  the  duty 
of  all  United  States  marshals  and  commissioners  who  shall  in 
any  judicial  district  perform  any  duties  under  the  provisions  of 
this  act,  or  the  act  hereby  amended,  relating  to,  concerning,  or 
affecting  the  election  of  representatives  of  \pr\  delegates  in  the 
Congress  of  the  United  States,  to,  from  time  to  time,  and  with 
all  due  diligence,  forward  to  the  chief  supervisor  in  and  for  their 
judicial  district  all  complaints,  examinations,  and  records  per 
taining  thereto,  and  all  oaths  of  office  by  them  administered  to 
any  supervisor  of  election  or  special  deputy  marshal,  in  order 
that  the  same  may  be  properly  preserved  and  filed. 
SEC.  14.  [Pay  of  supervisors  and  deputy  marshals.] 
SEC.  15.  And  be  it  further  enacted,  That  the  jurisdiction  of 
the  circuit  court  of  the  United  States  shall  extend  to  all  cases 
in  law  or  equity  arising  under  the  provisions  of  this  act  or  the 
act  hereby  amended ;  and  if  any  person  shall  receive  any  injury 
to  his  person  or  property  for  or  on  account  of  any  act  by  him 
done  under  any  of  the  provisions  of  this  act  or  the  act  hereby 
amended,  he  shall  be  entitled  to  maintain  suit  for  damages  there 
for  in  the  circuit  court  of  the  United  States  in  the  district 
wherein  the  party  doing  the  injury  may  reside  or  shall  be 
found. 

SEC.  1 6.  And  be  it  further  enacted,  That  in  any  case  where 
suit  or  prosecution,  civil  or  criminal,  shall  be  commenced  in  a 
court  of  any  State  against  any  officer  of  the  United  States,  or 
other  person,  for  or  on  account  of  any  act  done  under  the  pro 
visions  of  this  act,  or  under  color  thereof,  or  for  or  on  account 
of  any  right,  authority,  or  title  set  up  or  claimed  by  such  officer 
or  other  person  under  any  of  said  provisions,  it  shall  be  lawful 
for  the  defendant  in  such  suit  or  prosecution,  at  any  time  before 
trial,  upon  a  petition  to  the  circuit  court  of  the  United  States  in 
and  for  the  district  in  which  the  defendant  shall  have  been 
served  with  process,  setting  forth  the  nature  of  said  suit  or 


26O    ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT   [Feb.  28 

prosecution,  and  verifying  the  said  petition  by  affidavit,  together 
with  a  certificate  signed  by  an  attorney  or  counsellor  at  law  of 
some  court  of  record  of  the  State  in  which  such  suit  shall  have 
been  commenced,  or  of  the  United  States,  setting  forth  that  as 
counsel  for  the  petitioner]  he  has  examined  the  proceedings 
against  him,  and  has  carefully  inquired  into  all  the  matters  set 
forth  in  the  petition,  and  that  he  believes  the  same  to  be  true, 
which  petition,  affidavit,  and  certificate  shall  be  presented  to  the 
said  circuit  court,  if  in  session,  and,  if  not,  to  the  clerk  thereof 
at  his  office,  and  shall  be  filed  in  said  office,  and  the  cause  shall 
thereupon  be  entered  on  the  docket  of  said  court,  and  shall  be 
thereafter  proceeded  in  as  a  cause  originally  commenced  in 
that  court ;  and  it  shall  be  the  duty  of  the  clerk  of  said  court, 
if  the  suit  was  commenced  in  the  court  below  by  summons,  to 
issue  a  writ  of  certiorari  to  the  State  court,  requiring  said  court 
to  send  to  the  said  circuit  court  the  record  and  proceedings  in 
said  cause ;  or  if  it  was  commenced  by  capias,  he  shall  issue  a 
writ  of  habeas  corpus  cum  causa,  a  duplicate  of  which  said  writ 
shall  be  delivered  to  the  clerk  of  the  State  court,  or  left  at  his 
office  by  the  marshal  of  the  district,  or  his  deputy,  or  some 
person  duly  authorized  thereto ;  and  thereupon  it  shall  be  the 
duty  of  the  said  State  court  to  stay  all  further  proceedings  in 
such  cause,  and  the  said  suit  or  prosecution,  upon  delivery  of 
such  process,  or  leaving  the  same  as  aforesaid,  shall  be  deemed 
and  taken  to  be  moved  to  the  said  circuit  court,  and  any  further 
proceedings,  trial,  or  judgment  therein  in  the  State  court  shall 
be  wholly  null  and  void ;  and  any  person,  whether  an  attorney 
or  officer  of  any  State  court,  or  otherwise,  who  shall  thereafter 
take  any  steps,  or  in  any  manner  proceed  in  the  State  court  in 
any  action  so  removed,  shall  be  guilty  of  a  misdemeanor,  and 
liable  to  trial  and  punishment  in  the  court  to  which  the  action 
shall  have  been  removed,  and  upon  conviction  thereof  shall  be 
punished  by  imprisonment  for  not  less  than  six  months  nor 
more  than  one  year,  or  by  fine  not  less  than  five  hundred  nor 
more  than  one  thousand  dollars,  or  by  both  such  fine  and  im 
prisonment,  and  shall  in  addition  thereto  be  amenable  to  the 


1871]     ACT  TO  ENFORCE  THE  FIFTEENTH  AMENDMENT    26 1 

said  court  to  which  said  action  shall  have  been  removed  as  for  a 
contempt;  and  if  the  defendant  in  any  such  suit  be  in  actual 
custody  on  mesne  process  therein,  it  shall  be  the  duty  of  the 
marshal,  by  virtue  of  the  writ  of  habeas  corpus  cum  causa,  to 
take  the  body  of  the  defendant  into  his  custody,  to  be  dealt 
with  in  the  same  cause  according  to  the  rules  of  law  and  the 
order  of  the  circuit  court,  or  of  any  judge  thereof  in  vacation. 
And  all  attachments  made  and  all  bail  or  other  security  given 
upon  such  suit  or  prosecution  shall  be  and  continue  in  like 
force  and  effect  as  if  the  same  suit  or  prosecution  had  proceeded 
to  final  judgment  and  execution  in  the  State  court.  And  if  upon 
the  removal  of  any  such  suit  or  prosecution  it  shall  be  made  to 
appear  to  the  said  circuit  court  that  no  copy  of  the  record  and 
proceedings  therein  in  the  State  court  can  be  obtained,  it  shall 
be  lawful  for  said  circuit  court  to  allow  and  require  the  plaintiff 
to  proceed  de  novo,  and  to  file  a  declaration  of  his  cause  of 
action,  and  the  parties  may  thereupon  proceed  as  in  actions 
originally  brought  in  said  circuit  court ;  and  on  failure  of  so 
proceeding  judgment  of  non  prosequitur  may  be  rendered  against 
the  plaintiff,  with  costs  for  the  defendant. 

SEC.  17.  [Concerning  copies  of  records  and  proceedings, 
&c.] 

SEC.  1 8.  And  be  it 'further  enacted r,  That  sections  five  and  six 
of  the  act  of  the  Congress  of  the  United  States  approved  July 
fourteen,  eighteen  hundred  and  seventy,  and  entitled  "  An  act 
to  amend  the  naturalization  laws,  and  to  punish  crimes  against 
the  same,"  be,  and  the  same  are  hereby,  repealed  ;  but  this 
repeal  shall  not  affect  any  proceeding  or  prosecution  now 
pending  for  any  offence  under  the  said  sections,  or  either  of 
them,  or  any  question  which  may  arise  therein  respecting  the 
appointment  of  the  persons  in  said  sections,  or  either  of  them, 
provided  for,  or  the  powers,  duties,  or  obligations  of  such 
persons. 

SEC.  19.  And  be  it  further  enacted.  That  all  votes  for  repre 
sentatives  in  Congress  shall  hereafter  be  by  written  or  printed 
ballot,  any  law  of  any  State  to  the  contrary  notwithstanding ; 


262     ACT  TO   ENFORCE  FOURTEENTH  AMENDMENT     [April  20 

and  all  votes  received  or  recorded  contrary  to  the  provisions  of 
this  section  shall  be  of  none  effect.1 
APPROVED,  February  28,  1871. 


No.  92.     Act  to  enforce  the  Fourteenth  Amend 
ment 
A  K    c^-l 

April  20,  1871 

A  BILL  to  enforce  the  provisions  of  the  fourteenth  amendment  was  re 
ported  in  the  House,  March  28,  1871,  by  Samuel  Shellabarger  of  Ohio,  from 
the  select  committee  to  which  had  been  referred  the  President's  message  of 
March  23  on  the  condition  of  affairs  in  the  South.  The  bill  formed  the  prin 
cipal  subject  of  debate  until  April  6,  when,  with  amendments,  it  passed  the 
House  by  a  vote  of  118  to  91,  18  not  voting.  The  Senate  added,  among 
others,  an  amendment  offered  by  Sherman,  making  counties,  cities,  parishes, 
etc.,  liable  for  injuries  done  to  any  person  by  reason  of  his  race  or  color,  and 
on  the  1 4th  passed  the  bill,  the  vote  being  45  to  19,  6  not  voting.  The  House, 
by  a  vote  of  45  to  132,  53  not  voting,  rejected  the  principal  Senate  amend 
ment,  and  also  refused,  by  a  vote  of  74  to  106,  50  not  voting,  to  agree  to  a  re 
port  of  a  conference  committee  retaining  the  objectionable  section.  A  second 
conference  committee  reported  a  compromise  in  the  terms  of  section  6  of  the 
act.  The  report  was  agreed  to  April  19,  in  the  House  by  a  vote  of  93  to  74, 
63  not  voting,  and  in  the  Senate  by  a  vote  of  36  to  13.  A  proclamation  call 
ing  attention  to  the  act  as  one  of  "  extraordinary  public  importance  "  was 
issued  May  3. 

REFERENCES. —  Text'va.  U.S.  Statutes  at  Large,  XVII,  13-15.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  42d  Cong.,  1st  Sess.,  and  the  Cong. 
Globe.  The  "  Ku  Klux  "  report  is  House  Report  22  and  Senate  Report  41 ;  42$. 
Cong.,  2d  Sess. 

An  Act  to  enforce  the  Provisions  of  the  Fourteenth  Amendment 
to  the  Constitution  of  the  United  States,  and  for  other  Purposes. 

Be  it  enacted  .  .  .,  That  any  person  who,  under  color  of  any 
law,  statute,  ordinance,  regulation,  custom,  or  usage  of  any 

1  Amended  by  act  of  May  3,  1872,  by  adding  the  following :  "  Provided,  That 
this  section  shall  not  apply  to  any  State  voting  otherwise  whose  elections  for  said 
Representatives  shall  occur  previous  to  the  regular  meeting  of  its  legislature  next 
after  the  approval  of  said  act." 


1871]       ACT  TO  ENFORCE  FOURTEENTH   AMENDMENT        263 

State,  shall  subject,  or  cause  to  be  subjected,  any  person  within 
the  jurisdiction  of  the  United  States  to  the  deprivation  of  any 
rights,  privileges,  or  immunities  secured  by  the  Constitution  of 
the  United  States,  shall,  any  such  law,  statute,  ordinance,  regu 
lation,  custom,  or  usage  of  the  State  to  the  contrary  notwith 
standing,  be  liable  to  the  party  injured  in  any  action  at  law,  suit 
in  equity,  or  other  proper  proceeding  for  redress  ;  such  proceed 
ing  to  be  prosecuted  in  the  several  district  or  circuit  courts  of 
the  United  States,  with  and  subject  to  the  same  rights  of  appeal, 
review  upon  error,  and  other  remedies  provided  in  like  cases  in 
such  courts,  under  the  provisions  of  the  .  .  .  [Civil  Rights 
Act]  .  .  .,  and  the  other  remedial  laws  of  the  United  States 
which  are  in  their  nature  applicable  in  such  cases. 

SEC.  2.  That  if  two  or  more  persons  within  any  State  or 
Territory  of  the  United  States  shall  conspire  together  to  over 
throw,  or  to  put  down,  or  to  destroy  by  force  the  government  of 
the  United  States,  or  to  levy  war  against  the  United  States,  or 
to  oppose  by  force  the  authority  of  the  government  of  the 
United  States,  or  by  force,  intimidation,  or  threat  to  prevent, 
hinder,  or  delay  the  execution  of  any  law  of  the  United  States,  or 
by  force  to  seize,  take,  or  possess  any  property  of  the  United 
States  contrary  to  the  authority  thereof,  or  by  force,  intimida 
tion,  or  threat  to  prevent  any  person  from  accepting  or  holding 
any  office  or  trust  or  place  of  confidence  under  the  United 
States,  or  from  discharging  the  duties  thereof,  or  by  force,  in 
timidation,  or  threat  to  induce  any  officer  of  the  United  States 
to  leave  any  State,  district,  or  place  where  his  duties  as  such 
officer  might  lawfully  be  performed,  or  to  injure  him  in  his  per 
son  or  property  on  account  of  his  lawful  discharge  of  the  duties 
of  his  office,  or  to  injure  his  person  while  engaged  in  the  lawful 
discharge  of  the  duties  of  his  office,  or  to  injure  his  property  so 
as  to  molest,  interrupt,  hinder,  or  impede  him  in  the  discharge 
of  his  official  duty,  or  by  force,  intimidation,  or  threat  to  deter 
any  party  or  witness  in  any  court  of  the  United  States  from  at 
tending  such  court,  or  from  testifying  in  any  matter  pending  in 
such  court  fully,  freely,  and  truthfully,  or  to  injure  any  such 


264     ACT  TO   ENFORCE  FOURTEENTH  AMENDMENT     [April  20 

party  or  witness  in  his  person  or  property  on  account  of  his 
having  so  attended  or  testified,  or  by  force,  intimidation,  or 
threat  to  influence  the  verdict,  presentment,  or  indictment,  of 
any  juror  or  grand  juror  in  any  court  of  the  United  States,  or 
to  injure  such  juror  in  his  person  or  property  on  account  of  any 
verdict,  presentment,  or  indictment  lawfully  assented  to  by  him, 
or  on  account  of  his  being  or  having  been  such  juror,  or  shall 
conspire  together,  or  go  in  disguise  upon  the  public  highway  or 
upon  the  premises  of  another  for  the  purpose,  either  directly 
or  indirectly,  of  depriving  any  person  or  any  class  of  persons 
of  the  equal  protection  of  the  laws,  or  of  equal  privileges  or  im 
munities  under  the  laws,  or  for  the  purpose  of  preventing  or 
hindering  the  constituted  authorities  of  any  State  from  giving 
or  securing  to  all  persons  within  such  State  the  equal  protection 
of  the  laws,  or  shall  conspire  together  for  the  purpose  of  in  any 
manner  impeding,  hindering,  obstructing,  or  defeating  the  due 
course  of  justice  in  any  State  or  Territory,  with  intent  to  deny 
to  any  citizen  of  the  United  States  the  due  and  equal  protection 
of  the  laws,  or  to  injure  any  person  in  his  person  or  his  property 
for  lawfully  enforcing  the  right  of  any  person  or  class  of  persons 
to  the  equal  protection  of  the  laws,  or  by  force,  intimidation,  or 
threat  to  prevent  any  citizen  of  the  United  States  lawfully  en 
titled  to  vote  from  giving  his  support  or  advocacy  in  a  lawful 
manner  towards  or  in  favor  of  the  election  of  any  lawfully  quali 
fied  person  as  an  elector  of  President  or  Vice-President  of  the 
United  States,  or  as  a  member  of  the  Congress  of  the  United 
States,  or  to  injure  any  such  citizen  in  his  person  or  property  on 
account  of  such  support  or  advocacy,  each  and  every  person  so 
offending  shall  be  deemed  guilty  of  a  high  crime,  and,  upon 
conviction  thereof  in  any  district  or  circuit  court  of  the  United 
States  or  district  or  supreme  court  of  any  Territory  of  the 
United  States  having  jurisdiction  of  similar  offences,  shall  be 
punished  by  a  fine  not  less  than  five  hundred  nor  more  than 
five  thousand  dollars,  or  by  imprisonment,  with  or  without  hard 
labor,  as  the  court  may  determine,  for  a  period  of  not  less  than 
six  months  nor  more  than  six  years,  as  the  court  may  determine, 


1871]      ACT  TO  ENFORCE  FOURTEENTH  AMENDMENT         265 

or  by  both  such  fine  and  imprisonment  as  the  court  shall  deter 
mine.  And  if  any  one  or  more  persons  engaged  in  any  such 
conspiracy  shall  do,  or  cause  to  be  done,  any  act  in  furtherance 
of  the  object  of  such  conspiracy,  whereby  any  person  shall  be 
injured  in  his  person  or  property,  or  deprived  of  having  and 
exercising  any  right  or  privilege  of  a  citizen  of  the  United 
States,  the  person  so  injured  or  deprived  of  such  rights  and 
privileges  may  have  and  maintain  an  action  for  the  recovery  of 
damages  occasioned  by  such  injury  or  deprivation  of  rights  and 
privileges  against  any  one  or  more  of  the  persons  engaged  in 
such  conspiracy,  such  action  to  be  prosecuted  in  the  proper  dis 
trict  or  circuit  court  of  the  United  States,  with  and  subject  to 
the  same  rights  of  appeal,  review  upon  error,  and  other  reme 
dies  provided  in  like  cases  in  such  courts  under  the  provisions 
of  the  ...  [Civil  Rights  Act]  .  .  . 

SEC.  3.  That  in  all  cases  where  insurrection,  domestic  vio 
lence,  unlawful  combinations,  or  conspiracies  in  any  State  shall 
so  obstruct  or  hinder  the  execution  of  the  laws  thereof,  and  of 
the  United  States,  as  to  deprive  any  portion  or  class  of  the  peo 
ple  of  such  State  of  any  of  the  rights,  privileges,  or  immunities, 
or  protection,  named  in  the  Constitution  and  secured  by  this 
act,  and  the  constituted  authorities  of  such  State  shall  either 
be  unable  to  protect,  or  shall,  from  any  cause,  fail  in  or  refuse 
protection  of  the  people  in  such  rights,  such  facts  shall  be 
deemed  a  denial  by  such  State  of  the  equal  protection  of  the 
laws  to  which  they  are  entitled  under  the  Constitution  of  the 
United  States ;  and  in  all  such  cases,  or  whenever  any  such 
insurrection,  violence,  unlawful  combination,  or  conspiracy  shall 
oppose  or  obstruct  the  laws  of  the  United  States  or  the  due  exe 
cution  thereof,  or  impede  or  obstruct  the  due  course  of  justice 
under  the  same,  it  shall  be  lawful  for  the  President,  and  it  shall 
be  his  duty  to  take  such  measures,  by  the  employment  of  the 
militia  or  the  land  and  naval  forces  of  the  United  States,  or  of 
either,  or  by  other  means,  as  he  may  deem  necessary  for  the 
suppression  of  such  insurrection,  domestic  violence,  or  combina 
tions  ;  and  any  person  who  shall  be  arrested  under  the  provi- 


266    ACT  TO   ENFORCE  FOURTEENTH   AMENDMENT      [April  20 

sions  of  this  and  the  preceding  section  shall  be  delivered  to 
the  marshal  of  the  proper  district,  to  be  dealt  with  according 
to  law. 

SEC.  4.  That  whenever  in  any  State  or  part  of  a  State  the 
unlawful  combinations  named  in  the  preceding  section  of  this 
act  shall  be  organized  and  armed,  and  so  numerous  and  power 
ful  as  to  be  able,  by  violence,  to  either  overthrow  or  set  at  defi 
ance  the  constituted  authorities  of  such  State,  and  of  the  United 
States  within  such  State,  or  when  the  constituted  authorities  are 
in  complicity  with,  or  shall  connive  at  the  unlawful  purposes 
of,  such  powerful  and  armed  combinations ;  and  whenever,  by 
reason  of  either  or  all  of  the  causes  aforesaid,  the  conviction 
of  such  offenders  and  the  preservation  of  the  public  safety  shall 
become  in  such  district  impracticable,  in  every  such  case  such 
combinations  shall  be  deemed  a  rebellion  against  the  govern 
ment  of  the  United  States,  and  during  the  continuance  of  such 
rebellion,  and  within  the  limits  of  the  district  which  shall  be  so 
under  the  sway  thereof,  such  limits  to  be  prescribed  by  procla 
mation,  it  shall  be  lawful  for  the  President  of  the  United  States, 
when  in  his  judgment  the  public  safety  shall  require  it,  to  sus 
pend  the  privileges  of  the  writ  of  habeas  corpus,  to  the  end  that 
such  rebellion  may  be  overthrown  :  Provided,  That  all  the  pro 
visions  of  the  second  section  of  an  act  entitled  "  An  act  relating 
to  habeas  corpus,  and  regulating  judicial  proceedings  in  certain 
cases,"  approved  March  third,  eighteen  hundred  and  sixty-three, 
which  relate  to  the  discharge  of  prisoners  other  than  prisoners 
of  war,  and  to  the  penalty  for  refusing  to  obey  the  order  of  the 
court,  shall  be  in  full  force  so  far  as  the  same  are  applicable  to 
the  provisions  of  this  section  :  Provided  further,  That  the  Presi 
dent  shall  first  have  made  proclamation,  as  now  provided  by 
law,  commanding  such  insurgents  to  disperse  :  And  provided 
also.  That  the  provisions  of  this  section  shall  not  be  in  force 
after  the  end  of  the  next  regular  session  of  Congress. 

SEC.  5.  That  no  person  shall  be  a  grand  or  petit  juror  in 
any  court  of  the  United  States  upon  any  inquiry,  hearing,  or 
trial  of  any  suit,  proceeding,  or  prosecution  based  upon  or  aris- 


1871]       ACT  TO  ENFORCE  FOURTEENTH  AMENDMENT        267 

ing  under  the  provisions  of  this  act  who  shall,  in  the  judgment 
of  the  court,  be  in  complicity  with  any  such  combination  or  con 
spiracy;  and  every  such  juror  shall,  before  entering  upon  any 
such  inquiry,  hearing,  or  trial,  take  and  subscribe  an  oath  in 
open  court  that  he  has  never,  directly  or  indirectly,  counselled, 
advised,  or  voluntarily  aided  any  such  combination  or  conspir 
acy  ;  and  each  and  every  person  who  shall  take  this  oath,  and 
shall  therein  swear  falsely,  shall  be  guilty  of  perjury,  and  shall 
be  subject  to  the  pains  and  penalties  declared  against  that  crime, 
and  the  first  section  of  the  act  entitled  "  An  act  defining  addi 
tional  causes  of  challenge  and  prescribing  an  additional  oath  for 
grand  and  petit  jurors  in  the  United  States  courts,"  approved 
June  seventeenth,  eighteen  hundred  and  sixty-two,  be,  and  the 
same  is  hereby,  repealed. 

SEC.  6.  That  any  person  or  persons,  having  knowledge  that 
any  of  the  wrongs  conspired  to  be  done  and  mentioned  in  the 
second  section  of  this  act  are  about  to  be  committed,  and  hav 
ing  power  to  prevent  or  aid  in  preventing  the  same,  shall  neglect 
or  refuse  so  to  do,  and  such  wrongful  act  shall  be  committed, 
such  person  or  persons  shall  be  liable  to  the  person  injured,  or 
his  legal  representatives,  for  all  damages  caused  by  any  such 
wrongful  act  which  such  first-named  person  or  persons  by  reason 
able  diligence  could  have  prevented ;  and  such  damages  may  be 
recovered  in  an  action  on  the  case  in  the  proper  circuit  court 
of  the  United  States,  and  any  number  of  persons  guilty  of  such 
wrongful  neglect  or  refusal  may  be  joined  as  defendants  in  such 
action :  Provided,  That  such  action  shall  be  commenced  within 
one  year  after  such  cause  of  action  shall  have  accrued ;  and  if 
the  death  of  any  person  shall  be  caused  by  any  such  wrongful 
act  and  neglect,  the  legal  representatives  of  such  deceased  per 
son  shall  have  such  action  therefor,  and  may  recover  not  exceed 
ing  five  thousand  dollars  damages  therein,  for  the  benefit  of  the 
widow  of  such  deceased  person,  if  any  there  be,  or  if  there  be 
no  widow,  for  the  benefit  of  the  next  of  kin  of  such  deceased 
person. 

SEC.  7.   That  nothing  herein  contained  shall  be  construed  to 


268  TREATY  OF  WASHINGTON          [May  8 

supersede  or  repeal  any  former  act  or  law  except  so  far  as  the 
same  may  be  repugnant  thereto ;  and  any  offences  heretofore 
committed  against  the  tenor  of  any  former  act  shall  be  prose 
cuted,  and  any  proceeding  already  commenced  for  the  prosecu 
tion  thereof  shall  be  continued  and  completed,  the  same  as  if 
this  act  had  not  been  passed,  except  so  far  as  the  provisions  of 
this  act  may  go  to  sustain  and  validate  such  proceedings. 
APPROVED,  April  20,  1871. 


No.   93.     Treaty  of  Washington 

May  8,  1871 

OF  the  unsettled  diplomatic  questions  between  Great  Britain  and  the 
United  States  in  1871,  the  most  important  were  those  regarding  the  north 
western  boundary,  under  the  treaty  of  June  15,  1847;  claims  of  American 
citizens  for  property  captured  or  destroyed  by  Confederate  vessels  of  war  fitted 
out  in  England,  commonly  known  as  the  "  Alabama  claims  "  ;  claims  against 
the  United  States  for  losses  by  British  subjects  during  the  Civil  War,  and  the 
fisheries.  A  treaty  referring  the  Alabama  claims  to  arbitration  was  rejected 
by  the  Senate  in  April,  1869.  The  existing  grounds  of  dispute  were  dealt 
with  by  the  treaty  of  Washington,  concluded  May  8,  1871.  September  14, 
1872,  the  Geneva  tribunal  awarded  to  the  United  States  $15,500,000  in  satis 
faction  of  the  claims  presented.  A  court  of  commissioners  of  Alabama  claims 
was  created  by  act  of  June  23,  1874,  and  reestablished  by  act  of  June  5, 
1882. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVII,  863-877.  The 
documents  are  collected  in  Papers  relating  to  the  Treaty  of  Washington ; 
British  Case  and  Evidence ;  British  Counter  Case ;  Claims  of  the  United 
States  against  Great  Britain,  and  Documents  and  Proceedings  of  the  Halifax 
Commission.  The  text  of  the  award  is  in  Wharton,  International  Law  Digest, 
III,  631-635.  On  the  treaty  see  Gushing,  Treaty  of  Washington;  Moore, 
International  Arbitrations,  chaps.  14  and  15,  and  Appendix  K  ;  J.  C.  B. 
Davis,  in  Treaties  and  Conventions,  1333-1335,  1363-1367  ;  C.  F.  Adams, 
Treaty  of  Washington(vn.  Lee  at  Appomattox  and  Other  Essays} ;  C.  F.  Adams, 
Charles  Francis  Adams,  chap.  19  ;  Blaine,  Twenty  Years  of  Congress,  II, 
chap.  20.  On  the  rejected  treaty  see  Sumner's  speech  of  April  13,  1869,  in 
Cong.  Globe,  4ist  Cong.,  ist  Sess.,  Appendix,  21-26.  The  Alabama  claims 


1 87 1]  TREATY  OF  WASHINGTON  269 

were  much  discussed  in  the  forty-second  Congress,  second  and  third  sessions. 
There  are  numerous  statutes  relating  to  these  claims. 

The  United  States  of  America  and  Her  Britannic  Majesty, 
being  desirous  to  provide  for  an  amicable  settlement  of  all 
causes  of  difference  between  the  two  countries,  have  for  that 
purpose  appointed  their  respective  Plenipotentiaries,  that  is  to 
say  :  The  President  of  the  United  States  has  appointed,  on  the 
part  of  the  United  States,  as  Commissioners  in  a  Joint  High 
Commission  and  Plenipotentiaries,  Hamilton  Fish,  Secretary  of 
State ;  Robert  Gumming  Schenck,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  to  Great  Britain ;  Samuel  Nelson,  an 
Associate  Justice  of  the  Supreme  Court  of  the  United  States ; 
Ebenezer  Rockwood  Hoar,  of  Massachusetts ;  and  George 
Henry  Williams,  of  Oregon ;  and  Her  Britannic  Majesty,  on 
her  part,  has  appointed  as  her  High  Commissioners  and  Pleni 
potentiaries,  the  Right  Honourable  George  Frederick  Samuel, 
Earl  de  Grey  and  Earl  of  Ripon,  Viscount  Goderich,  Baron 
Grantham,  a  Baronet,  a  Peer  of  the  United  Kingdom,  Lord 
President  of  Her  Majesty's  Most  Honourable  Privy  Council, 
Knight  of  the  Most  Noble  Order  of  the  Garter,  etc.,  etc. ;  the 
Right  Honourable  Sir  Stafford  Henry  Northcote,  Baronet,  one 
of  Her  Majesty's  Most  Honourable  Privy  Council,  a  Member 
of  Parliament,  a  Companion  of  the  Most  Honourable  Order  of 
the  Bath,  etc.,  etc. ;  Sir  Edward  Thornton,  Knight  Commander 
of  the  Most  Honourable  Order  of  the  Bath,  Her  Majesty's 
Envoy  Extraordinary  and  Minister  Plenipotentiary  to  the 
United  States  of  America;  Sir  John  Alexander  Macdonald, 
Knight  Commander  of  the  Most  Honourable  Order  of  the  Bath, 
a  Member  of  Her  Majesty's  Privy  Council  for  Canada,  and 
Minister  of  Justice  and  Attorney  General  of  Her  Majesty's 
Dominion  of  Canada;  and  Mountague  Bernard,  Esquire, 
Chichele  Professor  of  International  Law  in  the  University  of 
Oxford. 

And  the  said  Plenipotentiaries,  after  having  exchanged  their 
full  powers,  which  were  found  to  be  in  due  and  proper  form, 
have  agreed  to  and  concluded  the  following  articles : 


2/0  TREATY  OF  WASHINGTON          [May  8 

ARTICLE  I. 

Whereas  differences  have  arisen  between  the  Government  of 
the  United  States  and  the  Government  of  Her  Britannic  Maj 
esty,  and  still  exist,  growing  out  of  the  acts  committed  by  the 
several  vessels  which  have  given  rise  to  the  claims  generically 
known  as  the  "  Alabama  Claims  :  " 

And  whereas  Her  Britannic  Majesty  has  authorized  her  High 
Commissioners  and  Plenipotentiaries  to  express,  in  a  friendly 
spirit,  the  regret  felt  by  Her  Majesty's  Government  for  the 
escape,  under  whatever  circumstances,  of  the  Alabama  and 
other  vessels  from  British  ports,  and  for  the  depredations  com 
mitted  by  those  vessels : 

Now,  in  order  to  remove  and  adjust  all  complaints  and  claims 
on  the  part  of  the  United  States,  and  to  provide  for  the  speedy 
settlement  of  such  claims  which  are  not  admitted  by  Her  Bri 
tannic  Majesty's  Government,  the  high  contracting  parties  agree 
that  all  the  said  claims,  growing  out  of  acts  committed  by  the 
aforesaid  vessels,  and  generically  known  as  the  "  Alabama 
claims,"  shall  be  referred  to  a  tribunal  of  arbitration  to  be 
composed  of  five  Arbitrators,  to  be  appointed  in  the  following 
manner,  that  is  to  say :  One  shall  be  named  by  the  President  of 
the  United  States  ;  one  shall  be  named  by  Her  Britannic  Maj 
esty  ;  His  Majesty  the  King  of  Italy  shall  be  requested  to  name 
one  ;  the  President  of  the  Swiss  Confederation  shall  be  requested 
to  name  one ;  and  His  Majesty  the  Emperor  of  Brazil  shall  be 
requested  to  name  one. 

[Vacancies,  how  filled.] 

And  in  the  event  of  the  refusal  or  omission  for  two  months 
after  receipt  of  the  request  from  either  of  the  high  contracting 
parties  of  His  Majesty  the  King  of  Italy,  or  the  President  of 
the  Swiss  Confederation,  or  His  Majesty  the  Emperor  of  Brazil, 
to  name  an  Arbitrator  either  to  fill  the  original  appointment  or 
in  the  place  of  one  who  may  have  died,  be  absent,  or  incapaci 
tated,  or  who  may  omit,  decline,  or  from  any  cause  cease  to  act 
as  such  Arbitrator,  His  Majesty  the  King  of  Sweden  and  Nor- 


1871]  TREATY  OF  WASHINGTON  2/1 

way  shall  be  requested  to  name  one  or  more  persons,  as  the 
case  may  be,  to  act  as  such  Arbitrator  or  Arbitrators. 

ARTICLE  II. 

The  Arbitrators  shall  meet  at  Geneva,  in  Switzerland,  at  the 
earliest  convenient  day  after  they  shall  have  been  named,  and 
shall  proceed  impartially  and  carefully  to  examine  and  decide 
all  questions  that  shall  be  laid  before  them  on  the  part  of  the 
Governments  of  the  United  States  and  Her  Britannic  Majesty 
respectively.  All  questions  considered  by  the  tribunal,  includ 
ing  the  final  award,  shall  be  decided  by  a  majority  of  all  the 
Arbitrators. 

Each  of  the  high  contracting  parties  shall  also  name  one  per 
son  to  attend  the  tribunal  as  its  agent  to  represent  it  generally 
in  all  matters  connected  with  the  arbitration. 

ARTICLE  III. 

The  written  or  printed  case  of  each  of  the  two  parties,  accom 
panied  by  the  documents,  the  official  correspondence,  and  other 
evidence  on  which  each  relies,  shall  be  delivered  in  duplicate  to 
each  of  the  Arbitrators  and  to  the  Agent  of  the  other  party  as 
soon  as  may  be  after  the  organization  of  the  tribunal,  but  within 
a  period  not  exceeding  six  months  from  the  date'of  the  exchange 
of  the  ratifications  of  this  treaty. 

ARTICLE  IV. 

Within  four  months  after  the  delivery  on  both  sides  of  the 
written  or  printed  case,  either  party  may,  in  like  manner,  deliver 
in  duplicate  to  each  of  the  said  Arbitrators,  and  to  the  Agent  of 
the  other  party,  a  counter  case  and  additional  documents,  corre 
spondence,  and  evidence,  in  reply  to  the  case,  documents,  cor 
respondence,  and  evidence  so  presented  by  the  other  party. 

[Time  may  be  extended.] 

If  in  the  case  submitted  to  the  Arbitrators  either  party  shall 
have  specified  or  alluded  to  any  report  or  document  in  its  own 


2/2  TREATY  OF  WASHINGTON          [May  8 

exclusive  possession  without  annexing  a  copy,  such  party  shall 
be  bound,  if  the  other  party  thinks  proper  to  apply  for  it,  to 
furnish  that  party  with  a  copy  thereof ;  and  either  party  may 
call  upon  the  other,  through  the  Arbitrators,  to  produce  the 
originals  or  certified  copies  of  any  papers  adduced  as  evidence, 
giving  in  each  instance  such  reasonable  notice  as  the  Arbitra 
tors  may  require. 

ARTICLE  V. 

It  shall  be  the  duty  of  the  Agent  of  each  party,  within  two 
months  after  the  expiration  of  the  time  limited  for  the  delivery 
of  the  counter  case  on  both  sides,  to  deliver  in  duplicate  to  each 
of  the  said  Arbitrators  and  to  the  Agent  of  the  other  party  a 
written  or  printed  argument  showing  the  points  and  referring  to 
the  evidence  upon  which  his  Government  relies ;  and  the  Arbi 
trators  may,  if  they  desire  further  elucidation  with  regard  to 
any  point,  require  a  written  or  printed  statement  or  argument, 
or  oral  argument  by  counsel  upon  it ;  but  in  such  case  the  other 
party  shall  be  entitled  to  reply  either  orally  or  in  writing,  as  the 
case  may  be. 

ARTICLE  VI. 

In  deciding  the  matters  submitted  to  the  Arbitrators,  they 
shall  be  governed  by  the  following  three  rules,  which  are  agreed 
upon  by  the  high  contracting  parties  as  rules  to  be  taken  as 
applicable  to  the  case,  and  by  such  principles  of  international 
law  not  inconsistent  therewith  as  the  Arbitrators  shall  determine 
to  have  been  applicable  to  the  case. 

RULES. 

A  neutral  Government  is  bound  — 

First,  to  use  due  diligence  to  prevent  the  fitting  out,  arming, 
or  equipping,  within  its  jurisdiction,  of  any  vessel  which  it  has 
reasonable  ground  to  believe  is  intended  to  cruise  or  to  carry 
on  war  against  a  Power  with  which  it  is  at  peace ;  and  also  to 
use  like  diligence  to  prevent  the  departure  from  its  jurisdiction 
of  any  vessel  intended  to  cruise  or  carry  on  war  as  above,  such 


1871]  TREATY  OF  WASHINGTON  273 

vessel  having  been  specially  adapted,  in  whole  or  in  part,  within 
such  jurisdiction,  to  warlike  use. 

Secondly,  not  to  permit  or  suffer  either  belligerent  to  make 
use  of  its  ports  or  waters  as  the  base  of  naval  operations  against 
the  other,  or  for  the  purpose  of  the  renewal  or  augmentation  of 
military  supplies  or  arms,  or  the  recruitment  of  men. 

Thirdly,  to  exercise  due  diligence  in  its  own  ports  and  waters, 
and,  as  to  all  persons  within  its  jurisdiction,  to  prevent  any  vio 
lation  of  the  foregoing  obligations  and  duties. 

Her  Britannic  Majesty  has  commanded  her  High  Commis 
sioners  and  Plenipotentiaries  to  declare  that  Her  Majesty's 
Government  cannot  assent  to  the  foregoing  rules  as  a  state 
ment  of  principles  of  international  law  which  were  in  force  at 
the  time  when  the  claims  mentioned  in  Article  I  arose,  but 
that  Her  Majesty's  Government,  in  order  to  evince  its  desire 
of  strengthening  the  friendly  relations  between  the  two  countries 
and  of  making  satisfactory  provision  for  the  future,  agrees  that 
in  deciding  the  questions  between  the  two  countries  arising  out 
of  those  claims,  the  Arbitrators  should  assume  that  Her  Majesty's 
Government  had  undertaken  to  act  upon  the  principles  set  forth 
in  these  rules. 

And  the  high  contracting  parties  agree  to  observe  these  rules 
as  between  themselves  in  future,  and  to  bring  them  to  the  knowl 
edge  of  other  maritime  Powers,  and  to  invite  them  to  accede  to 
them. 

ARTICLE  VII. 

The  decision  of  the  tribunal  shall,  if  possible,  be  made  within 
three  months  from  the  close  of  the  argument  on  both  sides. 

It  shall  be  made  in  writing  and  dated,  and  shall  be  signed  by 
the  Arbitrators  who  may  assent  to  it. 

The  said  tribunal  shall  first  determine  as  to  each  vessel  sepa 
rately  whether  Great  Britain  has,  by  any  act  or  omission,  failed 
to  fulfil  any  of  the  duties  set  forth  in  the  foregoing  three  rules, 
or  recognized  by  the  principles  of  international  law  not  incon 
sistent  with  such  rules,  and  shall  certify  such  fact  as  to  each  of 
T 


274        TREATY  OF  WASHINGTON       [May  8 

the  said  vessels.  In  case  the  tribunal  find  that  Great  Britain 
has  failed  to  fulfil  any  duty  or  duties  as  aforesaid,  it  may,  if  it 
think  proper,  proceed  to  award  a  sum  in  gross  to  be  paid  by 
Great  Britain  to  the  United  States  for  all  the  claims  referred 
to  it ;  and  in  such  case  the  gross  sum  so  awarded  shall  be  paid 
in  coin  by  the  Government  of  Great  Britain  to  the  Government 
of  the  United  States,  at  Washington,  within  twelve  months  after 
the  date  of  the  award. 

[Award  to  be  in  duplicate.] 

ARTICLE  VIII. 
[Expenses  of  the  arbitration.] 

ARTICLE  IX. 
[Arbitrators  to  keep  a  record.] 

ARTICLE  X. 

In  case  the  tribunal  finds  that  Great  Britain  has  failed  to 
fulfil  any  duty  or  duties  as  aforesaid,  and  does  not  award  a 
sum  in  gross,  the  high  contracting  parties  agree  that  a  board 
of  assessors  shall  be  appointed  to  ascertain  and  determine  what 
claims  are  valid,  and  what  amount  or  amounts  shall  be  paid  by 
Great  Britain  to  the  United  States  on  account  of  the  liability 
arising  from  such  failure,  as  to  each  vessel,  according  to  the 
extent  of  such  liability  as  decided  by  the  Arbitrators. 

The  board  of  assessors  shall  be  constituted  as  follows :  One 
member  thereof  shall  be  named  by  the  President  of  the  United 
States,  one  member  thereof  shall  be  named  by  Her  Britannic 
Majesty,  and  one  member  thereof  shall  be  named  by  the  Rep 
resentative  at  Washington  of  His  Majesty  the  King  of  Italy ; 
and  in  case  of  a  vacancy  happening  from  any  cause,  it  shall  be 
filled  in  the  same  manner  in  which  the  original  appointment  was 
made. 


1871]  TREATY  OF  WASHINGTON  27$ 

As  soon  as  possible  after  such  nominations  the  board  of 
assessors  shall  be  organized  in  Washington,  with  power  to  hold 
their  sittings  there,  or  in  New  York,  or  in  Boston.  The  mem 
bers  thereof  shall  severally  subscribe  a  solemn  declaration  that 
they  will  impartially  and  carefully  examine  and  decide,  to  the 
best  of  their  judgment  and  according  to  justice  and  equity,  all 
matters  submitted  to  them,  and  shall  forthwith  proceed,  under 
such  rules  and  regulations  as  they  may  prescribe,  to  the  investi 
gation  of  the  claims  which  shall  be  presented  to  them  by  the 
Government  of  the  United  States,  and  shall  examine  and  decide 
upon  them  in  such  order  and  manner  as  they  may  think  proper, 
but  upon  such  evidence  or  information  only  as  shall  be  furnished 
by  or  on  behalf  of  the  Governments  of  the  United  States  and 
of  Great  Britain,  respectively.  They  shall  be  bound  to  hear  on 
each  separate  claim,  if  required,  one  person  on  behalf  of  each 
Government,  as  counsel  or  agent.  A  majority  of  the  Assessors 
in  each  case  shall  be  sufficient  for  a  decision. 

The  decision  of  the  Assessors  shall  be  given  upon  each  claim 
in  writing,  and  shall  be  signed  by  them  respectively  and  dated. 

Every  claim  shall  be  presented  to  the  Assessors  within  six 
months  from  the  day  of  their  first  meeting,  but  they  may,  for 
good  cause  shown,  extend  the  time  for  the  presentation  of  any 
claim  to  a  further  period  not  exceeding  three  months. 

The  Assessors  shall  report  to  each  Government,  at  or  before 
the  expiration  of  one  year  from  the  date  of  their  first  meeting, 
the  amount  of  claims  decided  by  them  up  to  the  date  of  such 
report ;  if  further  claims  then  remain  undecided,  they  shall 
make  a  further  report  at  or  before  the  expiration  of  two  years 
from  the  date  of  such  first  meeting ;  and  in.  case  any  claims 
remain  undetermined  at  that  time,  they  shall  make  a  final  report 
within  a  further  period  of  six  months. 

[Reports  to  be  in  duplicate.] 

All  sums  of  money  which  may  be  awarded  under  this  article 
shall  be  payable  at  Washington,  in  coin,  within  twelve  months 
after  the  delivery  of  each  report. 

[Clerks  and  expenses.] 


276  TREATY  OF  WASHINGTON  [May  8 

ARTICLE  XI. 

The  high  contracting  parties  engage  to  consider  the  result  of 
the  proceedings  of  the  tribunal  of  arbitration  and  of  the  board 
of  Assessors,  should  such  board  be  appointed,  as  a  full,  perfect, 
and  final  settlement  of  all  the  claims  hereinbefore  referred  to ; 
and  further  engage  that  every  such  claim,  whether  the  same 
may  or  may  not  have  been  presented  to  the  notice  of,  made, 
preferred,  or  laid  before  the  tribunal  or  board,  shall,  from  and 
after  the  conclusion  of  the  proceedings  of  the  tribunal  or  board, 
be  considered  and  treated  as  finally  settled,  barred,  and  thence 
forth  inadmissible. 

ARTICLE  XII. 

The  high  contracting  parties  agree  that  all  claims  on  the  part 
of  corporations,  companies,  or  private  individuals,  citizens  of 
the  United  States,  upon  the  Government  of  Her  Britannic 
Majesty,  arising  out  of  acts  committed  against  the  persons  or 
property  of  citizens  of  the  United  States  during  the  period  be 
tween  the  thirteenth  of  April,  eighteen  hundred  and  sixty-one, 
and  the  ninth  of  April,  eighteen  hundred  and  sixty-five,  inclusive, 
not  being  claims  growing  out  of  the  acts  of  the  vessels  referred 
to  in  Article  I  of  this  treaty,  and  all  claims,  with  the  like  excep 
tion,  on  the  part  of  corporations,  companies,  or  private  individ 
uals,  subjects  of  Her  Britannic  Majesty,  upon  the  Government 
of  the  United  States,  arising  out  of  acts  committed  against  the 
persons  or  property  of  subjects  of  Her  Britannic  Majesty  during 
the  same  period,  which  may  have  been  presented  to  either  Gov 
ernment  for  its  interposition  with  the  other,  and  which  yet  re 
main  unsettled,  as  well  as  any  other  such  claims  which  may  be 
presented  within  the  time  specified  in  Article  XIV  of  this  treaty, 
shall  be  referred  to  three  Commissioners,  to  be  appointed  in  the 
following  manner,  that  is  to  say:  One  Commissioner  shall  be 
named  by  the  President  of  the  United  States,  one  by  Her  Bri 
tannic  Majesty,  and  a  third  by  the  President  of  the  United  States 
and  Her  Britannic  Majesty  conjointly;  and  in  case  the  third 


1871]  TREATY  OF  WASHINGTON 

Commissioner  shall  not  have  been  so  named  within  a  period 
of  three  months  from  the  date  of  the  exchange  of  the  ratifica 
tions  of  this  treaty,  then  the  third  Commissioner  shall  be  named 
by  the  Representative  at  Washington  of  His  Majesty  the  King 
of  Spain.  .  .  . 

The  Commissioners  so  named  shall  meet  at  Washington  at 
the  earliest  convenient  period  after  they  have  been  respectively 
named  ;  and  shall,  before  proceeding  to  any  business,  make  -and 
subscribe  a  solemn  declaration  that  they  will  impartially  and 
carefully  examine  and  decide,  to  the  best  of  their  judgment, 
and  according  to  justice  and  equity,  all  such  claims  as  shall  be 
laid  before  them  on  the  part  of  the  Governments  of  the  United 
States  and  of  Her  Britannic  Majesty,  respectively ;  and  such 
declaration  shall  be  entered  on  the  record  of  their  proceedings. 

ARTICLE  XIII. 

The  Commissioners  shall  then  forthwith  proceed  to  the  in 
vestigation  of  the  claims  which  shall  be  presented  to  them. 
They  shall  investigate  and  decide  such  claims  in  such  order 
and  such  manner  as  they  may  think  proper,  but  upon  such 
evidence  or  information  only  as  shall  be  furnished  by  or  on 
behalf  of  the  respective  Governments.  They  shall  be  bound 
to  receive  and  consider  all  written  documents  or  statements 
which  may  be  presented  to  them  by  or  on  behalf  of  the  respec 
tive  Governments  in  support  of,  or  in  answer  to,  any  claim,  and 
to  hear,  if  required,  one  person  on  each  side,  on  behalf  of  each 
Government,  as  counsel  or  agent  for  such  Government,  on  each 
and  every  separate  claim.  A  majority  of  the  Commissioners 
shall  be  sufficient  for  an  award  in  each  case.  The  award  shall 
be  given  upon  each  claim  in  writing,  and  shall  be  signed  by  the 
Commissioners  assenting  to  it.  It  shall  be  competent  for  each 
Government  to  name  one  person  to  attend  the  Commissioners 
as  its  agent,  to  present  and  support  claims  on  its  behalf,  and  to 
answer  claims  made  upon  it,  and  to  represent  it  generally  in  all 
matters  connected  with  the  investigation  and  decision  thereof. 

The  high  contracting  parties  hereby  engage  to  consider  the 


278  TREATY  OF  WASHINGTON          [May  8 

decision  of  the  Commissioners  as  absolutely  final  and  conclusive 
upon  each  claim  decided  upon  by  them,  and  to  give  full  effect 
to  such  decisions  without  any  objection,  evasion,  or  delay  what 
soever. 

ARTICLE  XIV. 

Every  claim  shall  be  presented  to  the  Commissioners  within 
six  months  from  the  day  of  their  first  meeting,  unless  in  any 
case  where  reasons  for  delay  shall  be  established  to  the  satisfac 
tion  of  the  Commissioners,  and  then,  and  in  any  such  case,  the 
period  for  presenting  the  claim  may  be  extended  by  them  to  any 
time  not  exceeding  three  months  longer. 

The  Commissioners  shall  be  bound  to  examine  and  decide 
upon  every  claim  within  two  years  from  the  day  of  their  first 
meeting.  It  shall  be  competent  for  the  Commissioners  to  decide 
in  each  case  whether  any  claim  has  or  has  not  been  duly  made, 
preferred,  and  laid  before  them,  either  wholly  or  to  any  and 
what  extent,  according  to  the  true  intent  and  meaning  of  this 
treaty. 

ARTICLE  XV. 

All  sums  of  money  which  may  be  awarded  by  the  Commis 
sioners  on  account  of  any  claim  shall  be  paid  by  the  one  Gov 
ernment  to  the  other,  as  the  case  may  be,  within  twelve  months 
after  the  date  of  the  final  award,  without  interest,  and  without 
any  deduction  save  as  specified  in  Article  XVI  of  this  treaty. 

ARTICLE   XVI. 
[Records  of  commissioners,  expenses,  &c.] 

ARTICLE  XVII. 

The  high  contracting  parties  engage  to  consider  the  result  of 
the  proceedings  of  this  commission  as  a  full,  perfect,  and  final 
settlement  of  all  such  claims  as  are  mentioned  in  Article  XII 
of  this  treaty  upon  either  Government ;  and  further  engage  that 
every  such  claim,  whether  or  not  the  same  may  have  been  pre 
sented  to  the  notice  of,  made,  preferred,  or  laid  before  the  said 


1 87 1]  TREATY  OF  WASHINGTON  279 

commission,  shall,  from  and  after  the  conclusion  of  the  proceed 
ings  of  the  said  commission,  be  considered  and  treated  as  finally 
settled,  barred,  and  thenceforth  inadmissible. 

ARTICLE  XVIII.1 

It  is  agreed  by  the  high  contracting  parties  that,  in  addition 
to  the  liberty  secured  to  the  United  States  fishermen  by  the 
convention  between  the  United  States  and  Great  Britain,  signed 
at  London  on  the  2oth  day  of  October,  1818,  of  taking,  curing, 
and  drying  fish  on  certain  coasts  of  the  British  North  Amer 
ican  Colonies  therein  defined,  the  inhabitants  of  the  United 
States  shall  have,  in  common  with  the  subjects  of  Her  Britan 
nic  Majesty,  the  liberty,  for  the  term  of  years  mentioned  in 
Article  XXXIII  of  this  treaty,  to  take  fish  of  every  kind,  except 
shell-fish,  on  the  sea-coasts  and  shores,  and  in  the  bays,  har 
bours,  and  creeks,  of  the  provinces  of  Quebec,  Nova  Scotia,  and 
New  Brunswick,  and  the  colony  of  Prince  Edward's  Island,  and 
of  the  several  islands  thereunto  adjacent,  without  being  restricted 
to  any  distance  from  the  shore,  with  permission  to  land  upon  the 
said  coasts  and  shores  and  islands,  and  also  upon  the  Magdalen 
Islands,  for  the  purpose  of  drying  their  nets  and  curing  their 
fish ;  provided  that,  in  so  doing,  they  do  not  interfere  with  the 
rights  of  private  property,  or  with  British  fishermen,  in  the 
peaceable  use  of  any  part  of  the  said  coasts  in  their  occupancy 
for  the  same  purpose. 

It  is  understood  that  the  above-mentioned  liberty  applies 
solely  to  the  sea  fishery,  and  that  the  salmon  and  shad  fisheries, 
and  all  other  fisheries  in  rivers  and  the  mouths  of  rivers,  are 
hereby  reserved  exclusively  for  British  fishermen. 

ARTICLE  XIX. 

It  is  agreed  by  the  high  contracting  parties  that  British  sub 
jects  shall  have,  in  common  with  the  citizens  of  the  United 

1 A  joint  resolution  of  March  3,  1883,  gave  notice  to  terminate  after  two  years 
Articles  XVIII-XXV  of  the  treaty. 


28O  TREATY  OF  WASHINGTON          [May  8 

States,  the  liberty,  for  the  term  of  years  mentioned  in  Article 
XXXIII  of  this  treaty,  to  take  fish  of  every  kind,  except  shell 
fish,  on  the  eastern  sea-coasts  and  shores  of  the  United  States 
north  of  the  thirty-ninth  parallel  of  north  latitude,  and  on  the 
shores  of  the  several  islands  thereunto  adjacent,  and  in  the  bays, 
harbours,  and  creeks  of  the  said  sea-coasts  and  shores  of  the 
United  States  and  of  the  said  islands,  without  being  restricted 
to  any  distance  from  the  shore,  with  permission  to  land  upon 
the  said  coasts  of  the  United  States  and  of  the  islands  afore 
said,  for  the  purpose  of  drying  their  nets  and  curing  their  fish ; 
provided  that,  in  so  doing,  they  do  not  interfere  with  the  rights 
of  private  property,  or  with  the  fishermen  of  the  United  States 
in  the  peaceable  use  of  any  part  of  the  said  coasts  in  their  occu 
pancy  for  the  same  purpose. 

It  is  understood  that  the  above-mentioned  liberty  applies 
solely  to  the  sea  fishery,  and  that  salmon  and  shad  fisheries,  and 
all  other  fisheries  in  rivers  and  mouths  of  rivers,  are  hereby 
reserved  exclusively  for  fishermen  of  the  United  States. 

ARTICLE  XX. 

It  is  agreed  that  the  places  designated  by  the  Commissioners 
appointed  under  the  first  article  of  the  treaty  between  the  United 
States  and  Great  Britain,  concluded  at  Washington  on  the  5th 
of  June,  1854,  upon  the  coasts  of  Her  Britannic  Majesty's 
dominions  and  the  United  States,  as  places  reserved  from  the 
common  right  of  fishing  under  that  treaty,  shall  be  regarded  as 
in  like  manner  reserved  from  the  common  right  of  fishing  under 
the  preceding  articles.  In  case  any  question  should  arise  be 
tween  the  Governments  of  the  United  States  and  of  Her  Bri 
tannic  Majesty  as  to  the  common  right  of  fishing  in  places  not 
thus  designated  as  reserved,  it  is  agreed  that  a  commission  shall 
be  appointed  to  designate  such  places,  and  shall  be  constituted 
in  the  same  manner,  and  have  the  same  powers,  duties,  and 
authority  as  the  commission  appointed  under  the  said  first 
article  of  the  treaty  of  the  5th  of  June,  1854. 


1871]  TREATY  OF  WASHINGTON  28 1 

ARTICLE  XXI. 

It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article 
XXXIII  of  this  treaty,  fish  oil  and  fish  of  all  kinds,  (except  fish 
of  the  inland  lakes,  and  of  the  rivers  falling  into  them,  and  ex 
cept  fish  preserved  in  oil,)  being  the  produce  of  the  fisheries  of 
the  United  States,  or  of  the  Dominion  of  Canada,  or  of  Prince 
Edward's  Island,  shall  be  admitted  into  each  country,  respec 
tively,  free  of  duty. 

ARTICLE  XXII. 

[Commissioners  to  determine  the  compensation,  if  any,  to  be 
paid  by  the  United  States  for  privileges  granted  by  Article 
XVIII  of  this  treaty.] 

ARTICLE  XXIII. 

The  Commissioners  referred  to  in  the  preceding  article  shall 
be  appointed  in  the  following  manner,  that  is  to  say :  One  Com 
missioner  shall  be  named  by  the  President  of  the  United  States, 
one  by  Her  Britannic  Majesty,  and  a  third  by  the  President  of 
the  United  States  and  Her  Britannic  Majesty  conjointly ;  and 
in  case  the  third  Commissioner  shall  not  have  been  so  named 
within  a  period  of  three  months  from  the  date  when  this  article 
shall  take  effect,  then  the  third  Commissioner  shall  be  named  by 
the  Representative  at  London  of  His  Majesty  the  Emperor  of 
Austria  and  King  of  Hungary.  .  .  .  such  substitution  being 
calculated  from  the  date  of  the  happening  of  the  vacancy. 

The  Commissioners  so  named  shall  meet  in  the  city  of  Hali 
fax,  in  the  province  of  Nova  Scotia,  at  the  earliest  convenient 
period  after  they  have  been  respectively  named  .  .  . 

Each  of  the  high  contracting  parties  shall  also  name  one  per 
son  to  attend  the  commission  as  its  Agent,  to  represent  it  gener 
ally  in  all  matters  connected  with  the  commission. 

ARTICLE  XXIV. 

The  proceedings  shall  be  conducted  in  such  order  as  the 
Commissioners  appointed  under  Articles  XXII  and  XXIII  of 


282  TREATY  OF  WASHINGTON          [May  8 

this  treaty  shall  determine.  They  shall  be  bound  to  receive 
such  oral  or  written  testimony  as  either  Government  may  pre 
sent.  If  either  party  shall  offer  oral  testimony,  the  other  party 
shall  have  the  right  of  cross-examination,  under  such  rules  as 
the  Commissioners  shall  prescribe. 

If  in  the  case  submitted  to  the  Commissioners  either  party 
shall  have  specified  or  alluded  to  any  report  or  document  in  its 
own  exclusive  possession,  without  annexing  a  copy,  such  party 
shall  be  bound,  if  the  other  party  thinks  proper  to  apply  for  it, 
to  furnish  that  party  with  a  copy  thereof ;  and  either  party  may 
call  upon  the  other,  through  the  Commissioners,  to  produce  the 
originals  or  certified  copies  of  any  papers  adduced  as  evidence, 
giving  in  each  instance  such  reasonable  notice  as  the  Commis 
sioners  may  require. 

The  case  on  either  side  shall  be  closed  within  a  period  of  six 
months  from  the  date  of  the  organization  of  the  Commission, 
and  the  Commissioners  shall  be  requested  to  give  their  award  as 
soon  as  possible  thereafter.  The  aforesaid  period  of  six  months 
may  be  extended  for  three  months  in  case  of  a  vacancy  occur 
ring  among  the  Commissioners  under  the  circumstances  contem 
plated  in  Article  XXIII  of  this  treaty. 

ARTICLE  XXV. 
[Records,  expenses,  &c.] 

ARTICLE  XXVI. 

The  navigation  of  the  river  St.  Lawrence,  ascending  and 
descending,  from  the  forty-fifth  parallel  of  north  latitude,  where 
it  ceases  to  form  the  boundary  between  the  two  countries,  from, 
to,  and  into  the  sea,  shall  forever  remain  free  and  open  for  the 
purposes  of  commerce  to  the  citizens  of  the  United  States, 
subject  to  any  laws  and  regulations  of  Great  Britain,  or  of  the 
Dominion  of  Canada,  not  inconsistent  with  such  privilege  of 
free  navigation. 

The  navigation  of  the  rivers  Yukon,  Porcupine,  and  Stikine, 


1871]  TREATY  OF  WASHINGTON  283 

ascending  and  descending,  from,  to,  and  into  the  sea,  shall  for 
ever  remain  free  and  open  for  the  purposes  of  commerce  to  the 
subjects  of  Her  Britannic  Majesty  and  to  the  citizens  of  the 
United  States,  subject  to  any  laws  and  regulations  of  either 
country  within  its  own  territory,  not  inconsistent  with  such  privi 
lege  of  free  navigation. 

ARTICLE   XXVII. 

The  Government  of  Her  Britannic  Majesty  engages  to  urge 
upon  the  Government  of  the  Dominion  of  Canada  to  secure  to 
the  citizens  of  the  United  States  the  use  of  the  Welland,  St.  Law 
rence,  and  other  canals  in  the  Dominion  on  terms  of  equality 
with  the  inhabitants  of  the  Dominion ;  and  the  Government  of 
the  United  States  engages  that  the  subjects  of  Her  Britannic 
Majesty  shall  enjoy  the  use  of  the  St.  Clair  Flats  canal  on  terms 
of  equality  with  the  inhabitants  of  the  United  States,  and  further 
engages  to  urge  upon  the  State  Governments  to  secure  to  the 
subjects  of  Her  Britannic  Majesty  the  use  of  the  several  State 
canals  connected  with  the  navigation  of  the  lakes  or  rivers 
traversed  by  or  contiguous  to  the  boundary  line  between  the 
possessions  of  the  high  contracting  parties,  on  terms  of  equality 
with  the  inhabitants  of  the  United  States. 

ARTICLE   XXVIII. 

The  navigation  of  Lake  Michigan  shall  also,  for  the  term  of 
years  mentioned  in  Article  XXXIII  of  this  treaty,  be  free  and 
open  for  the  purposes  of  commerce  to  the  subjects  of  Her 
Britannic  Majesty,  subject  to  any  laws  and  regulations  of  the 
United  States  or  of  the  States  bordering  thereon  not  incon 
sistent  with  such  privilege  of  free  navigation. 

ARTICLE  XXIX. 

It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article 
XXXIII  of  this  treaty,  goods,  wares,  or  merchandise  arriving 
at  the  ports  of  New  York,  Boston,  and  Portland,  and  any  other 


284  TREATY  OF  WASHINGTON          [May  8 

ports  in  the  United  States  which  have  been  or  may,  from  time 
to  time,  be  specially  designated  by  the  President  of  the  United 
States,  and  destined  for  Her  Britannic  Majesty's  possessions  in 
North  America,  may  be  entered  at  the  proper  custom-house  and 
conveyed  in  transit,  without  the  payment  of  duties,  through  the 
territory  of  the  United  States,  under  such  rules,  regulations, 
and  conditions  for  the  protection  of  the  revenue  as  the  Gov 
ernment  of  the  United  States  may  from  time  to  time  prescribe ; 
and  under  like  rules,  regulations,  and  conditions,  goods,  wares, 
or  merchandise  may  be  conveyed  in  transit,  without  the  pay 
ment  of  duties,  from  such  possessions  through  the  territory  of 
the  United  States  for  export  from  the  said  ports  of  the  United 
States. 

It  is  further  agreed  that,  for  the  like  period,  goods,  wares,  or 
merchandise  arriving  at  any  of  the  ports  of  Her  Britannic  Maj 
esty's  possessions  in  North  America  and  destined  for  the  United 
States  may  be  entered  at  the  proper  custom-house  and  conveyed 
in  transit,  without  the  payment  of  duties,  through  the  said  pos 
sessions,  under  such  rules  and  regulations,  and  conditions  for  the 
protection  of  the  revenue,  as  the  Governments  of  the  said  pos 
sessions  may  from  time  to  time  prescribe  ;  and  under  like  rules, 
regulations,  and  conditions  goods,  wares,  or  merchandise  may 
be  conveyed  in  transit,  without  payment  of  duties,  from  the 
United  States  through  the  said  possessions  to  other  places  in 
the  United  States,  or  for  export  from  ports  in  the  said  pos 
sessions. 

ARTICLE  XXX. 

It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article 
XXXIII  of  this  treaty,  subjects  of  Her  Britannic  Majesty  may 
carry  in  British  vessels,  without  payment  of  duty,  goods,  wares, 
or  merchandise  from  one  port  or  place  within  the  territory  of 
the  United  States  upon  the  St.  Lawrence,  the  great  lakes,  and 
the  rivers  connecting  the  same,  to  another  port  or  place  within 
the  territory  of  the  United  States  as  aforesaid  :  Provided,  That  a 
portion  of  such  transportation  is  made  through  the  Dominion 


1871]  TREATY  OF  WASHINGTON  285 

of  Canada  by  land  carriage  and  in  bond,  under  such  rules  and 
regulations  as  may  be  agreed  upon  between  the  Government 
of  Her  Britannic  Majesty  and  the  Government  of  the  United 
States. 

Citizens  of  the  United  States  may  for  the  like  period  carry 
in  United  States  vessels,  without  payment  of  duty,  goods,  wares, 
or  merchandise  from  one  port  or  place  within  the  possessions  of 
Her  Britannic  Majesty  in  North  America,  to  another  port  or 
place  within  the  said  possessions :  Provided,  That  a  portion  of 
such  transportation  is  made  through  the  territory  of  the  United 
States  by  land  carriage  and  in  bond,  under  such  rules  and  regu 
lations  as  may  be  agreed  upon  between  the  Government  of  the 
United  States  and  the  Government  of  Her  Britannic  Majesty. 

The  Government  of  the  United  States  further  engages  not  to 
impose  any  export  duties  on  goods,  wares,  or  merchandise  car 
ried  under  this  article  through  the  territory  of  the  United  States ; 
and  Her  Majesty's  Government  engages  to  urge  the  Parliament 
of  the  Dominion  of  Canada  and  the  Legislatures  of  the  other 
colonies  not  to  impose  any  export  duties  on  goods,  wares,  or 
merchandise  carried  under  this  article ;  and  the  Government  of 
the  United  States  may,  in  case  such  export  duties  are  imposed 
by  the  Dominion  of  Canada,  suspend,  during  the  period  that 
such  duties  are  imposed,  the  right  of  carrying  granted  under 
this  article  in  favor  of  the  subjects  of  Her  Britannic  Majesty. 

The  Government  of  the  United  States  may  suspend  the  right 
of  carrying  granted  in  favor  of  the  subjects  of  Her  Britannic 
Majesty  under  this  article  in  case  the  Dominion  of  Canada 
should  at  any  time  deprive  the  citizens  of  the  United  States  of 
the  use  of  the  canals  of  the  said  Dominion  on  terms  of  equality 
with  the  inhabitants  of  the  Dominion,  as  provided  in  Article 
XXVII. 

ARTICLE   XXXI. 

The  Government  of  Her  Britannic  Majesty  further  engages 
to  urge  upon  the  Parliament  of  the  Dominion  of  Canada  and 
the  Legislature  of  New  Brunswick,  that  no  export  duty,  or  other 


286  TREATY  OF  WASHINGTON          [May  8 

duty,  shall  be  levied  on  lumber  or  timber  of  any  kind  cut  on 
that  portion  of  the  American  territory  in  the  State  of  Maine 
watered  by  the  river  St.  John  and  its  tributaries,  and  floated 
down  that  river  to  the  sea,  when  the  same  is  shipped  to  the 
United  States  from  the  province  of  New  Brunswick.  And,  in 
case  any  such  export  or  other  duty  continues  to  be  levied  after 
the  expiration  of  one  year  from  the  date  of  the  exchange  of  the 
ratifications  of  this  treaty,  it  is  agreed  that  the  Government  of 
the  United  States  may  suspend  the  right  of  carrying  hereinbe 
fore  granted  under  Article  XXX  of  this  treaty  for  such  period 
as  such  export  or  other  duty  may  be  levied. 

ARTICLE  XXXII. 

It  is  further  agreed  that  the  provisions  and  stipulations  of  Articles 
XVIII  to  XXV  of  this  treaty,  inclusive,  shall  extend  to  the  colony 
of  Newfoundland,  so  far  as  they  are  applicable.  But  if  the  Imperial 
Parliament,  the  Legislature  of  Newfoundland,  or  the  Congress  of 
the  United  States,  shall  not  embrace  the  colony  of  Newfoundland 
in  their  laws  enacted  for  carrying  the  foregoing  articles  into  effect, 
then  this  article  shall  be  of  no  effect ;  but  the  omission  to  make 
provision  by  law  to  give  it  effect,  by  either  of  the  legislative  bodies 
aforesaid,  shall  not  in  any  way  impair  any  other  articles  of  this 
treaty. 

ARTICLE  XXXIII. 

The  foregoing  Articles  XVIII  to  XXV,  inclusive,  and  Article  XXX 
of  this  treaty  shall  take  effect  as  soon  as  the  laws  required  to  carry 
them  into  operation  shall  have  been  passed  by  the  Imperial  Parlia 
ment  of  Great  Britain,  by  the  Parliament  of  Canada,  and  by  the 
Legislature  of  Prince  Edward's  Island  on  the  one  hand,  and  by 
the  Congress  of  the  United  States  on  the  other.  Such  assent 
having  been  given,  the  said  articles  shall  remain  in  force  for  the 
period  of  ten  years  from  the  date  at  which  they  may  come  into 
operation;  and  further  until  the  expiration  of  two  years  after 
either  of  the  high  contracting  parties  shall  have  given  notice  to 
the  other  of  its  wish  to  terminate  the  same ;  each  of  the  high  con- 


1871]  TREATY  OF  WASHINGTON  287 

tracting  parties  being  at  liberty  to  give  such  notice  to  the  other  at 
the  end  of  the  said  period  of  ten  years  or  at  any  time  afterward. 

ARTICLE  XXXIV. 

Whereas  it  was  stipulated  by  Article  I  of  the  treaty  concluded  at 
Washington  on  the  i5th  of  June,  1846,  between  the  United  States 
and  Her  Britannic  Majesty,  that  the  line  of  boundary  between  the 
territories  of  the  United  States  and  those  of  Her  Britannic  Majesty, 
from  the  point  of  the  forty-ninth  parallel  of  north  latitude  up  to 
which  it  had  already  been  ascertained,  should  be  continued  west 
ward  along  the  said  parallel  of  north  latitude  "  to  the  middle  of  the 
channel  which  separates  the  continent  from  Vancouver's  Island,  and 
thence  southerly,  through  the  middle  of  the  said  channel  and  of 
Fuca  Straits,  to  the  Pacific  Ocean  ; "  and  whereas  the  Commissioners 
appointed  by  the  two  high  contracting  parties  to  determine  that 
portion  of  the  boundary  which  runs  southerly  through  the  middle 
of  the  channel  aforesaid,  were  unable  to  agree  upon  the  same; 
and  whereas  the  Government  of  Her  Britannic  Majesty  claims  that 
such  boundary  line  should,  under  the  terms  of  the  treaty  above 
recited,  be  run  through  the  Rosario  Straits,  and  the  Government 
of  the  United  States  claims  that  it  should  be  run  through  the  Canal 
de  Haro,  it  is  agreed  that  the  respective  claims  of  the  Government 
of  the  United  States  and  of  the  Government  of  Her  Britannic  Maj 
esty  shall  be  submitted  to  the  arbitration  and  award  of  His  Majesty 
the  Emperor  of  Germany,  who,  having  regard  to  the  above-men 
tioned  article  of  the  said  treaty,  shall  decide  thereupon,  finally  and 
without  appeal,  which  of  those  claims  is  most  in  accordance  with 
the  true  interpretation  of  the  treaty  of  June  15,  1846. 

ARTICLE  XXXV. 

The  award  of  His  Majesty  the  Emperor  of  Germany  shall  be 
considered  as  absolutely  final  and  conclusive ;  and  full  effect  shall 
be  given  to  such  award  without  any  objection,  evasion,  or  delay 
whatsoever.  Such  decision  shall  be  given  in  writing  and  dated ; 
it  shall  be  in  whatsoever  form  His  Majesty  may  choose  to  adopt ;  it 


288  TREATY  OF  WASHINGTON          [May  8 

shall  be  delivered  to  the  Representatives  or  other  public  Agents 
of  the  United  States  and  of  Great  Britain,  respectively,  who  may  be 
actually  at  Berlin,  and  shall  be  considered  as  operative  from  the 
day  of  the  date  of  the  delivery  thereof. 

ARTICLE  XXXVI. 

The  written  or  printed  case  of  each  of  the  two  parties,  accom 
panied  by  the  evidence  offered  in  support  of  the  same,  shall  be 
laid  before  His  Majesty  the  Emperor  of  Germany  within  six  months 
from  the  date  of  the  exchange  of  the  ratifications  of  this  treaty,  and 
a  copy  of  such  case  and  evidence  shall  be  communicated  by  each 
party  to  the  other,  through  their  respective  Representatives  at 
Berlin. 

The  high  contracting  parties  may  include  in  the  evidence  to 
be  considered  by  the  Arbitrator  such  documents,  official  correspon 
dence,  and  other  official  or  public  statements  bearing  on  the  sub 
ject  of  the  reference  as  they  may  consider  necessary  to  the  support 
of  their  respective  cases. 

After  the  written  or  printed  case  shall  have  been  communicated 
by  each  party  to  the  other,  each  party  shall  have  the  power  of  draw 
ing  up  and  laying  before  the  Arbitrator  a  second  and  definitive 
statement,  if  it  thinks  fit  to  do  so,  in  reply  to  the  case  of  the  other 
party  so  communicated,  which  definitive  statement  shall  be  so  laid 
before  the  Arbitrator,  and  also  be  mutually  communicated  in  the 
same  manner  as  aforesaid,  by  each  party  to  the  other,  within  six 
months  from  the  date  of  laying  the  first  statement  of  the  case 
before  the  Arbitrator. 

ARTICLE  XXXVII. 

If,  in  the  case  submitted  to  the  Arbitrator,  either  party  shall 
specify  or  allude  to  any  report  or  document  in  its  own  exclusive 
possession  without  annexing  a  copy,  such  party  shall  be  bound, 
if  the  other  party  thinks  proper  to  apply  for  it,  to  furnish  that 
party  with  a  copy  thereof,  and  either  party  may  call  upon  the 
other,  through  the  Arbitrator,  to  produce  the  originals  or  certified 
copies  of  any  papers  adduced  as  evidence,  giving  in  each  instance 


1871]  TREATY  OF  WASHINGTON  289 

such  reasonable  notice  as  the  Arbitrator  may  require.  And  if  the 
Arbitrator  should  desire  further  elucidation  or  evidence  with  regard 
to  any  point  contained  in  the  statements  laid  before  him,  he  shall 
be  at  liberty  to  require  it  from  either  party,  and  he  shall  be  at 
liberty  to  hear  one  Counsel  or  Agent  for  each  party,  in  relation 
to  any  matter,  and  at  such  time,  and  in  such  manner,  as  he  may 
think  fit. 

ARTICLE  XXXVIII. 

The  Representatives  or  other  public  Agents  of  the  United 
States  and  of  Great  Britain  at  Berlin,  respectively,  shall  be  consid 
ered  as  the  Agents  of  their  respective  Governments  to  conduct 
their  cases  before  the  Arbitrator,  who  shall  be  requested  to  address 
all  his  communications  and  give  all  his  notices  to  such  Representa 
tives  or  other  public  Agents,  who  shall  represent  their  respective 
Governments  generally,  in  all  matters  connected  with  the  arbitra 
tion. 

ARTICLE  XXXIX. 

It  shall  be  competent  to  the  Arbitrator  to  proceed  in  the  said 
arbitration,  and  all  matters  relating  thereto,  as  and  when  he  shall 
see  fit,  either  in  person,  or  by  a  person  or  persons  named  by  him 
for  that  purpose,  either  in  the  presence  or  absence  of  either  or 
both  Agents,  and  either  orally,  or  by  written  discussion  or  otherwise. 

ARTICLE  XL. 
[Clerk,  expenses,  &c.] 

ARTICLE  XLI. 

The  Arbitrator  shall  be  requested  to  deliver,  together  with  his 
award,  an  account  of  all  the  costs  and  expenses  which  he  may 
have  been  put  to,  in  relation  to  this  matter,  which  shall  forthwith 
be  repaid  by  the  two  Governments  in  equal  moieties. 

ARTICLE  XLIL 

The  Arbitrator  shall  be  requested  to  give  his  award  in  writing  as 
early  as  convenient  after  the  whole  case  on  each  side  shall  have 
u 


290  ACT  REMOVING   POLITICAL  DISABILITIES        [May  22 

been  laid  before  him,  and  to  deliver  one  copy  thereof  to  each  of 
the  said  Agents. 

ARTICLE  XLIII. 

The  present  treaty  shall  be  duly  ratified  by  the  President  of  the 
United  States  of  America,  by  and  with  the  advice  and  consent  of 
the  Senate  thereof,  and  by  Her  Britannic  Majesty ;  and  the  ratifi 
cations  shall  be  exchanged  either  at  Washington  or  at  London 

within  six  months  from   the  date  hereof,  or  earlier  if  possible. 

******* 


No.   94.     Act  removing  Political  Disabilities 

May  22,  1872 

MAY  13,  1872,  the  House  having  before  it  a  number  of  bills  for  the  removal 
of  the  political  disabilities  of  the  persons  named  therein,  the  rules  were  sus 
pended,  and  a  general  bill  for  the  removal  of  disabilities  imposed  by  the 
fourteenth  amendment  was  introduced  by  Butler  of  Massachusetts,  from  the 
Committee  on  the  Judiciary,  and  passed.  The  Senate  passed  the  bill  on  the  2ist 
by  a  vote  of  38  to  2.  The  debate  was  without  special  interest.  The  disabili 
ties  not  provided  for  by  this  act  were  removed  by  an  act  of  June  6,  1898. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVII,  142.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  42d  Cong.,  1st  Sess.,  and  the 
Cong.  Record. 

An  Act  to  remove  political  Disabilities  imposed  by  the  fourteenth 
Article  of  the  Amendments  of  the  Constitution  of  the  United 
States. 

Be  it  enacted  .  .  .,  (two-thirds  of  each  house  concurring 
therein),  That  all  political  disabilities  imposed  by  the  third  sec 
tion  of  the  fourteenth  article  of  amendments  of  the  Constitution 
of  the  United  States  are  hereby  removed  from  all  persons  whom 
soever,  except  Senators  and  Representatives  of  the  thirty-sixth 
and  thirty-seventh  Congresses,  officers  in  the  judicial,  military, 
and  naval  service  of  the  United  States,  heads  of  departments,  and 
foreign  ministers  of  the  United  States. 

APPROVED,  May  22,  1872. 


1872]         SUPPLEMENTARY   FEDERAL  ELECTION  LAW  291 

No.   95.     Supplementary  Federal  Election  Law 

June  10,  1872 

A  BILL  making  appropriations  for  sundry  civil  expenses  was  reported  in  the 
House,  May  9, 1872,  by  Garfield  of  Ohio,  and  passed  on  the  23d.  June  7,  in  the 
Senate,  William  P.  Kellogg  of  Louisiana  submitted  an  amendment  altering  and 
extending  the  act  of  February  28,  1871  [No.  91],  relative  to  the  right  of  citi 
zens  to  vote.  The  proposition  gave  rise  to  heated  discussion,  the  amendment 
being  objected  to  not  only  as  a  "rider,"  but  also  as  an  attempt  to  engraft  upon 
the  bill  an  election  bill  then  before  the  House.  The  bill  with  amendments 
passed  the  Senate,  after  an  all-night  session,  by  a  vote  of  32  to  10,  32  not  vot 
ing.  The  report  of  a  conference  committee  was  accepted  by  the  House  on 
the  8th,  by  a  vote  of  102  to  79,  59  not  voting,  and  by  the  Senate  on  the  loth 
by  a  vote  of  39  to  17.  All  laws  relating  to  supervisors  of  elections,  special 
deputy  marshals,  etc.,  were  repealed  by  an  act  of  February  8,  1894. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVII,  348,  349.  For  the 
proceedings  see  the  House  and  Senate  Journals,  42d  Cong.,  2d  Sess.,  and  the 
Cong.  Record.  See  also  House  Reports  iq,  120,  and  135,  45th  Cong.,  3d  Sess., 
and  Senate  Exec.  Doc.  8,  46th  Cong.,  ist  Sess. 

An  Act  making  Appropriations  for  sundry  civil  Expenses  of  the  Gov 
ernment/or  the  fiscal  Year  ending  June  thirtieth,  eighteen  hundred 
and  seventy-three,  and  for  other  Purposes. 

******* 

JUDICIARY. 

For  defraying  the  expenses  of  the  courts  of  the  United  States, 
including  the  District  of  Columbia ;  for  jurors  and  witnesses,  and 
expenses  of  suits  in  which  the  United  States  are  concerned,  of 
prosecutions  for  offences  committed  against  the  United  States; 
for  the  safe-keeping  of  prisoners ;  and  for  the  expenses  which  may 
be  incurred  in  the  enforcement  of  the  act,  relative  to  the  right  of 
citizens  to  vote,  of  February  twenty- eighth,  eighteen  hundred  and 
seventy-one,  or  any  acts  amendatory  thereof  or  supplementary 
thereto,  three  million  two  hundred  thousand  dollars ;  of  which 
sum  two  hundred  thousand  dollars  shall  be  available  for  the 
expenses  incurred  during  the  present  fiscal  year,  the  said  act 


SUPPLEMENTARY  FEDERAL  ELECTION  LAW    [June  10 

being  hereby  supplemented  and  amended  so  as  to  further  provide 
as  follows  :  "  That  whenever,  in  any  county  or  parish,  in  any  con 
gressional  district,  there  shall  be  ten  citizens  thereof  of  good  stand 
ing  who,  prior  to  any  registration  of  voters  for  an  election  for 
representative  in  Congress,  or  prior  to  any  election  at  which  a 
representative  in  Congress  is  to  be  voted  for,  shall  make  known, 
in  writing,  to  the  judge  of  the  circuit  court  of  the  United  States 
for  the  district  wherein  such  county  or  parish  is  situate,  their 
desire  to  have  said  registration  or  election  both  guarded  and  scru 
tinized,  it  shall  be  the  duty  of  the  said  judge  of  the  circuit  court, 
within  not  less  than  ten  days  prior  to  said  registration  or  election, 
as  the  case  may  be,  to  open  the  said  court  at  the  most  convenient 
point  in  said  district ;  and  the  said  court,  when  so  opened  by  said 
judge,  shall  proceed  to  appoint  and  commission,  from  day  to  day, 
and  from  time  to  time,  and  under  the  hand  of  the  said  judge,  and 
under  the  seal  of  said  court,  for  such  election  district  or  voting 
precinct  in  said  congressional  district,  as  shall,  in  the  manner 
herein  prescribed,  have  been  applied  for,  and  to  revoke,  change, 
or  renew  said  appointment  from  time  to  time,  two  citizens,  resi 
dents  of  said  election  district  or  voting  precinct  in  said  county  or 
parish,  who  shall  be  of  different  political  parties,  and  able  to  read 
and  write  the  English  language,  and  who  shall  be  known  and  desig 
nated  as  supervisors  of  election ;  and  the  said  court,  when  opened 
by  the  said  judge  as  required  herein,  shall,  therefrom  and  there 
after  and  up  to  and  including  the  day  following  the  day  of  the 
election,  be  always  open  for  the  transaction  of  business  under  this 
act;  and  the  powers  and  jurisdiction  hereby  granted  and  con 
ferred  shall  be  exercised,  as  well  in  vacation  as  in  term  time ;  and 
a  judge,  sitting  at  chambers,  shall  have  the  same  powers  and  juris 
diction,  including  the  power  of  keeping  order  and  of  punishing 
any  contempt  of  his  authority,  as  when  sitting  in  the  court :  Pro 
vided,  That  no  compensation  shall  be  allowed  to  the  supervisors 
herein  authorized  to  be  appointed,  except  those  appointed  in  cities 
or  towns  of  twenty  thousand  or  more  inhabitants.  And  no  person 
shall  be  appointed  under  this  act  as  supervisor  of  election  who  is 
not  at  the  time  of  his  appointment  a  qualified  voter  of  the  county, 


1872]         SUPPLEMENTARY   FEDERAL  ELECTION   LAW  2Q3 

parish,  election  district,  or  voting  precinct  for  which  he  is  appointed. 
And  no  person  shall  be  appointed  deputy-marshal  under  the  act 
of  which  this  is  amendatory,  who  is  not  a  qualified  voter  at  the 
time  of  his  appointment,  in  the  county,  parish,  district,  or  pre 
cinct  in  which  his  duties  are  to  be  performed.  And  section  thir 
teen  of  the  act  of  which  this  is  an  amendment  shall  be  construed 
to  authorize  and  require  the  circuit  courts  of  the  United  States  in 
said  section  mentioned  to  name  and  appoint,  as  soon  as  may  be 
after  the  passage  of  this  act,  the  commissioners  provided  for  in 
said  section,  in  all  cases  in  which  such  appointments  have  not 
already  been  made  in  conformity  therewith.  And  the  third  sec 
tion  of  the  act  to  which  this  is  an  amendment  shall  be  taken  and 
construed  to  authorize  each  of  the  judges  of  the  circuit  courts  of 
the  United  States  to  designate  one  or  more  of  the  judges  of  the 
district  courts  within  his  circuit  to  discharge  the  duties  arising 
under  this  act  or  the  act  to  which  this  is  an  amendment.  And 
the  words  '  any  person  '  in  section  four  of  the  act  of  May  thirty- 
first,  eighteen  hundred  and  seventy,  shall  be  held  to  include  any 
officer  or  other  person  having  powers  or  duties  of  an  official  char 
acter  under  this  act  or  the  act  to  which  this  is  an  amendment :  Pro 
vided,  That  nothing  in  this  section  shall  be  so  construed  as  to 
authorize  the  appointment  of  any  marshals  or  deputy- marshals  in 
addition  to  those  heretofore  authorized  by  law :  And  provided 
further,  That  the  supervisors  herein  provided  for  shall  have  no 
power  or  authority  to  make  arrests  or  to  perform  other  duties  than 
to  be  in  the  immediate  presence  of  the  officers  holding  the  elec 
tion,  and  to  witness  all  their  proceedings,  including  the  counting 
of  the  votes  and  the  making  of  a  return  thereof.  And  so  much  of 
said  sum  herein  appropriated  as  may  be  necessary  for  said  supple 
mental  and  amendatory  provisions  is  hereby  appropriated  from 
and  after  the  passage  of  this  act." 

******* 


294  COINAGE  ACT  [Feb.  12 

No.   96.     Coinage  Act 

February  12,  1873 

THE  need  of  a  revision  of  the  laws  relating  to  the  mints,  assay  offices,  and 
coinage  was  suggested  as  early  as  1866,  and  April  25,  1870,  a  report  on  the 
subject,  prepared  by  John  Jay  Knox,  comptroller  of  the  currency,  was  sub 
mitted  to  Congress,  together  with  the  draft  of  a  bill.  A  bill  in  accordance 
with  this  report  was  reported  in  the  Senate,  December  19,  1870,  by  Sherman, 
and  passed  that  body  January  10,  1871.  A  substitute  reported  in  the  House 
February  25  was  recommitted.  A  second  bill  to  the  same  effect  was  intro 
duced  in  the  House,  March  3,  by  William  D.  Kelley  of  Pennsylvania,  and 
referred  to  the  Committee  on  Coinage,  Weights,  and  Measures.  The  bill  was 
not  reported  until  January  9,  1872,  and  the  next  day  was  recommitted.  A  bill 
with  similar  title  was  reported,  February  9,  by  Hooper  of  Massachusetts,  and 
also  recommitted.  The  latter  bill  was  taken  up  April  9,  and  May  27  a  substi 
tute  offered  by  Hooper  was  passed  under  suspension  of  the  rules.  The  Senate 
referred  the  bill  to  the  Committee  on  Finance,  and  the  session  closed  without 
further  action.  December  16  the  bill  was  reported  in  the  Senate,  further 
amendments  being  reported  January  7,  1873.  The  bill  was  taken  up  on  the 
lyth,  and  passed  with  amendments  the  same  day.  The  final  form  of  the  bill 
was  the  work  of  a  conference  committee.  The  omission  of  the  standard  sil 
ver  dollar  of  412!  grains  from  the  list  of  coins  led  later  to  the  charge  that  the 
act  aimed  to  demonetize  silver,  and  caused  the  advocates  of  silver  to  refer  to 
the  act  as  the  "crime  of  1873."  Only  those  sections  of  the  act  giving  the 
list  of  coins  are  inserted  here. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVII,  424-436,  passim. 
For  the  proceedings  see  the  House  and  Senate  Journals,  4ist  Cong.,  3d  Sess., 
and  42d  Cong.,  and  the  Cong.  Record;  see  also  the  Record,  53d  Cong.,  ist 
Sess.,  pp.  1219-1224.  Knox's  report  is  Senate  Misc.  Doc.  132,  4ist  Cong.,  2d 
Sess. ;  the  correspondence  connected  with  it  is  in  House  Exec.  Doc.  307.  On 
the  act  see  Dewey,  Financial  History,  403-405,  and  references  there  given; 
Sherman,  Recollections,  II,  1063-1065;  White,  Money  and  Banking,  213-223. 

An  Act  revising  and  amending  the  Laws  relative  to  the  Mints, 
Assay-offices,  and  Coinage  of  the  United  States. 

******* 

SEC.  14.  That  the  gold  coins  of  the  United  States  shall  be  a 
one-dollar  piece,  which,  at  the  standard  weight  of  twenty-five 
and  eight-tenths  grains,  shall  be  the  unit  of  value  ;  a  quarter-eagle, 
or  two-and-a-half  dollar  piece ;  a  three-dollar  piece  ;  a  half-eagle, 


1873]  COINAGE  ACT  295 

or  five-dollar  piece ;  an  eagle,  or  ten-dollar  piece ;  and  a  double 
eagle,  or  twenty-dollar  piece.  And  the  standard  weight  of  the 
gold  dollar  shall  be  twenty-five  and  eight-tenths  grains ;  of  the 
quarter-eagle,  or  two-and-a-half  dollar  piece,  sixty-four  and  a  half 
grains ;  of  the  three-dollar  piece,  seventy-seven  and  four-tenths 
grains  ;  of  the  half-eagle,  or  five-dollar  piece,  one  hundred  and 
twenty-nine  grains ;  of  the  eagle,  or  ten-dollar  piece,  two  hundred 
and  fifty-eight  grains ;  of  the  double-eagle,  or  twenty-dollar  piece, 
five  hundred  and  sixteen  grains;  which  coins  shall  be  a  legal 
tender  in  all  payments  at  their  nominal  value  when  not  below  the 
standard  weight  and  limit  of  tolerance  provided  in  this  act  for  the 
single  piece,  and,  when  reduced  in  weight,  below  said  standard 
and  tolerance,  shall  be  a  legal  tender  at  valuation  in  proportion 
to  their  actual  weight ;  and  any  gold  coin  of  the  United  States,  if 
reduced  in  weight  by  natural  abrasion  not  more  than  one-half  of 
one  per  centum  below  the  standard  weight  prescribed  by  law, 
after  a  circulation  of  twenty  years,  as  shown  by  its  date  of  coinage, 
and  at  a  ratable  proportion  for  any  period  less  than  twenty  years, 
shall  be  received  at  their  nominal  value  by  the  United  States 
treasury  and  its  offices,  under  such  regulations  as  the  Secretary  of 
the  Treasury  may  prescribe  for  the  protection  of  the  government 
against  fraudulent  abrasion  or  other  practices ;  and  any  gold  coins 
in  the  treasury  of  the  United  States  reduced  in  weight  below  this 
limit  of  abrasion  shall  be  recoined. 

SEC.  15.  That  the  silver  coins  of  the  United  States  shall  be  a 
trade-dollar,  a  half-dollar,  or  fifty-cent  piece,  a  quarter-dollar,  or 
twenty-five-cent  piece,  a  dime,  or  ten-cent  piece ;  and  the  weight 
of  the  trade- dollar  shall  be  four  hundred  and  twenty  grains  troy ; 
the  weight  of  the  half-dollar  shall  be  twelve  grams  (grammes)  and 
one-half  of  a  gram,  (gramme  ;)  the  quarter-dollar  and  the  dime 
shall  be  respectively,  one-half  and  one-fifth  of  the  weight  of  said 
half-dollar ;  and  said  coins  shall  be  a  legal  tender  at  their  nominal 
value  for  any  amount  not  exceeding  five  dollars  in  anyone  payment. 

SEC.  1 6.  That  the  minor  coins  of  the  United  States  shall  be  a 
five-cent  piece,  a  three-cent  piece,  and  a  one-cent  piece,  and  the 
alloy  for  the  five  and  three  cent  pieces  shall  be  of  copper  and 


296    UNITED   STATES  NOTES  AND   BANK   CURRENCY    [June  20 

nickel,  to  be  composed  of  three-fourths  copper  and  one-fourth 
nickel,  and  the  alloy  of  the  one-cent  piece  shall  be  ninety-five  per 
centum  of  copper  and  five  per  centum  of  tin  and  zinc,  in  such 
proportions  as  shall  be  determined  by  the  director  of  the  mint. 
The  weight  of  the  piece  of  five  cents  shall  be  seventy-seven  and 
sixteen-hundredths  grains,  troy ;  of  the  three-cent  piece,  thirty 
grains ;  and  of  the  one-cent  piece,  forty-eight  grains  ;  which  coins 
shall  be  a  legal  tender,  at  their  nominal  value,  for  any  amount  not 
exceeding  twenty-five  cents  in  any  one  payment. 

SEC.  17.  That  no  coins,  either  of  gold,  silver,  or  minor  coinage, 
shall  hereafter  be  issued  from  the  mint  other  than  those  of  the 
denominations,  standards,  and  weights  herein  set  forth. 


No.   97.     Act  regarding  United  States  Notes 
and  National  Bank  Currency 

June  20,  1874 

A  BILL  "  to  amend  the  several  acts  providing  a  national  currency  and  to 
establish  free  banking"  was  reported  in  the  House,  January  29,  1874,  by 
Maynard  of  Tennessee,  from  the  Committee  on  Banking  and  Currency,  as  a 
substitute  for  various  bills  previously  referred  to  the  committee.  April  10  a 
substitute  amendment  was  agreed  to  by  a  vote  of  149  to  95,  46  not  voting, 
and  the  next  day  the  amended  bill  passed  the  House,  the  final  vote  being  129 
to  1 1 6,  45  not  voting.  A  substitute  was  reported  in  the  Senate  May  6,  and 
was  agreed  to  with  various  amendments  on  the  I4th,  the  vote  on  the  passage 
of  the  bill  being  25  to  19.  The  House,  by  a  vote  of  70  to  164,  disagreed  to  the 
Senate  amendments.  June  13  the  report  of  a  conference  committee  proposing 
the  House  substitute  was  agreed  to  by  the  Senate  by  a  vote  of  32  to  23,  but 
rejected  by  the  House  by  a  vote  of  108  to  146,  35  not  voting.  A  second 
report  was  accepted  June  20,  in  the  House  by  a  vote  of  221  to  40,  28  not  vot 
ing,  in  the  Senate  by  a  vote  of  43  to  19. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XVIII,  123-125.  For  the 
proceedings  see  the  House  and  Senate  Journals,  43d  Cong.,  ist  Sess.,  and  the 
Cong.  Record.  An  abstract  of  the  original  House  bill  is  in  the  Record  for 
January  29;  the  text  of  the  Senate  substitute,  ibid.t  May  6.  For  Sherman's 
opinion  of  the  act  see  his  Recollections,  I,  508. 


1874]      UNITED  STATES  NOTES  AND  BANK  CURRENCY       297 

An  act  fixing  the  amount  of  United  States  notes,  providing  for  a  redistribution 
of  the  national-bank  currency,  and  for  other  purposes. 

Be  it  enacted  .  .  .,  That  the  act  entitled  "  An  act  to  provide 
a  national  currency  secured  by  a  pledge  of  United  States  bonds, 
and  to  provide  for  the  circulation  and  redemption  thereof,"  ap 
proved  June  third,  eighteen  hundred  and  sixty  four,  shall  here 
after  be  known  as  "  the  national-bank  act." 

SEC.  2.  That  section  thirty-one  of  "the  national-bank  act"  be 
so  amended  that  the  several  associations  therein  provided  for 
shall  not  hereafter  be  required  to  keep  on  hand  any  amount  of 
money  whatever,  by  reason  of  the  amount  of  their  respective  cir 
culations  j  but  the  moneys  required  by  said  section  to  be  kept  at 
all  times  on  hand  shall  be  determined  by  the  amount  of  deposits 
in  all  respects,  as  provided  for  in  the  said  section. 

SEC.  3.  That  every  association  organized,  or  to  be  organized, 
under  the  provisions  of  the  said  act,  and  of  the  several  acts 
amendatory  thereof,  shall  at  all  times  keep  and  have  on  deposit 
in  the  treasury  of  the  United  States,  in  lawful  money  of  the 
United  States,  a  sum  equal  to  five  per  centum  of  its  circulation, 
to  be  held  and  used  for  the  redemption  of  such  circulation ; 
which  sum  shall  be  counted  as  a  part  of  its  lawful  reserve,  as 
provided  in  section  two  of  this  act ;  and  when  the  circulating 
notes  of  any  such  associations,  assorted  or  unassorted,  shall  be 
presented  for  redemption,  in  sums  of  one  thousand  dollars,  or 
any  multiple  thereof,  to  the  Treasurer  of  the  United  States,  the 
same  shall  be  redeemed  in  United  States  notes.  All  notes  so 
redeemed  shall  be  charged  by  the  Treasurer  of  the  United  States 
to  the  respective  associations  issuing  the  same,  and  he  shall 
notify  them  severally,  on  the  first  day  of  each  month,  or  oftener, 
at  his  discretion,  of  the  amount  of  such  redemptions ;  and  when 
ever  such  redemptions  for  any  association  shall  amount  to  the 
sum  of  five  hundred  dollars,  such  association  so  notified  shall 
forthwith  deposit  with  the  Treasurer  of  the  United  States  a  sum 
in  United  States  notes  equal  to  the  amount  of  its  circulating- 
notes  so  redeemed.  And  all  notes  of  national  banks  worn,  de 
faced,  mutilated,  or  otherwise  unfit  for  circulation  shall,  when 


298     UNITED   STATES  NOTES  AND   BANK  CURRENCY    [June  20 

received  by  any  assistant  treasurer,  or  at  any  designated  deposi 
tory  of  the  United  States,  be  forwarded  to  the  Treasurer  of  the 
United  States  for  redemption  as  provided  herein.  And  when 
such  redemptions  have  been  so  re-imbursed,  the  circulating-notes 
so  redeemed  shall  be  forwarded  to  the  respective  associations  by 
which  they  were  issued ;  but  if  any  of  such  notes  are  worn,  muti 
lated,  defaced,  or  rendered  otherwise  unfit  for  use,  they  shall  be 
forwarded  to  the  Comptroller  of  the  Currency  and  destroyed  and 
replaced  as  now  provided  by  law :  Provided,  That  each  of  said 
associations  shall  re-imburse  to  the  Treasury  the  charges  for 
transportation,  and  the  costs  for  assorting  such  notes ;  and  the 
associations  hereafter  organized  shall  also  severally  re-imburse  to 
the  Treasury  the  cost  of  engraving  such  plates  as  shall  be  ordered 
by  each  association  respectively ;  and  the  amount  assessed  upon 
each  association  shall  be  in  proportion  to  the  circulation  re 
deemed,  and  be  charged  to  the  fund  on  deposit  with  the  Treas 
urer :  And  provided  further,  That  so  much  of  section  thirty-two 
of  said  national-bank  act  requiring  or  permitting  the  redemption 
of  its  circulating  notes  elsewhere  than  at  its  own  counter,  except 
as  provided  for  in  this  section,  is  hereby  repealed. 

SEC.  4.  That  any  association  organized  under  this  act,  or  any 
of  the  acts  of  which  this  is  an  amendment,  desiring  to  withdraw 
its  circulating  notes,  in  whole  or  in  part,  may,  upon  the  deposit 
of  lawful  money  with  the  Treasurer  of  the  United  States  in  sums 
of  not  less  than  nine  thousand  dollars,  take  up  the  bonds  which 
said  association  has  on  deposit  with  the  Treasurer  for  the  security 
of  such  circulating-notes ;  which  bonds  shall  be  assigned  to  the 
bank  in  the  manner  specified  in  the  nineteenth  section  of  the 
national-bank  act ;  and  the  outstanding  notes  of  said  association, 
to  an  amount  equal  to  the  legal-tender  notes  deposited,  shall  be 
redeemed  at  the  Treasury  of  the  United  States,  and  destroyed 
as  now  provided  by  law :  Provided,  That  the  amount  of  the  bonds 
on  deposit  for  circulation  shall  not  be  reduced  below  fifty  thou 
sand  dollars. 

SEC.  5.  [Charter  numbers  of  associations  to  be  printed  OR 
national-bank  notes.] 


1874]       UNITED   STATES  NOTES  AND   BANK  CURRENCY        299 

SEC.  6.  That  the  amount  of  United  States  notes  outstanding, 
and  to  be  used  as  a  part  of  the  circulating-medium,  shall  not  ex 
ceed  the  sum  of  three  hundred  and  eighty-two  million  dollars, 
which  said  sum  shall  appear  in  each  monthly  statement  of  the 
public  debt,  and  no  part  thereof  shall  be  held  or  used  as  a  reserve. 

SEC.  7.  That  so  much  of  the  act  entitled  "  An  act  to  provide 
for  the  redemption  of  the  three  per  centum  temporary  loan  cer 
tificates,  and  for  an  increase  of  national  bank  notes  "  as  provides 
that  no  circulation  shall  be  withdrawn  under  the  provisions  of 
section  six  of  said  act,  until  after  the  fifty-four  millions  granted 
in  section  one  of  said  act  shall  have  been  taken  up,  is  hereby 
repealed;  and  it  shall  be  the  duty  of  the  Comptroller  of  the 
Currency,  under  the  direction  of  the  Secretary  of  the  Treasury, 
to  proceed  forthwith,  and  he  is  hereby  authorized  and  required, 
from  time  to  time,  as  applications  shall  be  duly  made  therefor, 
and  until  the  full  amount  of  fifty-five  million  dollars  shall  be 
withdrawn,  to  make  requisitions  upon  each  of  the  national  banks 
described  in  said  section,  and  in  the  manner  therein  provided, 
organized  in  States  having  an  excess  of  circulation,  to  withdraw 
and  return  so  much  of  their  circulation  as  by  said  act  may  be 
apportioned  to  be  withdrawn  from  them,  or,  in  lieu  thereof,  to 
deposit  in  the  Treasury  of  the  United  States  lawful  money  suffi 
cient  to  redeem  such  circulation,  and  upon  the  return  of  the 
circulation  required,  or  the  deposit  of  lawful  money,  as  herein 
provided,  a  proportionate  amount  of  the  bonds  held  to  secure 
the  circulation  of  such  association  as  shall  make  such  return  or 
deposit  shall  be  surrendered  to  it. 

SEC.  8.  That  upon  the  failure  of  the  national  banks  upon  which 
requisition  for  circulation  shall  be  made,  or  of  any  of  them,  to 
return  the  amount  required,  or  to  deposit  in  the  Treasury  lawful 
money  to  redeem  the  circulation  required,  within  thirty  days,  the 
Comptroller  of  the  Currency  shall  at  once  sell,  as  provided  in 
section  forty-nine  of  the  national- currency  act  approved  June 
third,  eighteen  hundred  and  sixty-four,  bonds  held  to  secure  the 
redemption  of  the  circulation  of  the  association  or  associations 
which  shall  so  fail,  to  an  amount  sufficient  to  redeem  the  circu- 


300    UNITED   STATES  NOTES  AND  BANK  CURRENCY     [June  20 

lation  required  of  such  association  or  associations,  and  with  the 
proceeds,  which  shall  be  deposited  in  the  Treasury  of  the  United 
States,  so  much  of  the  circulation  of  such  association  or  associa 
tions  shall  be  redeemed  as  will  equal  the  amount  required  and 
not  returned  and  if  there  be  any  excess  of  proceeds  over  the 
amount  required  for  such  redemption,  it  shall  be  returned  to  the 
association  or  associations  whose  bonds  shall  have  been  sold. 
And  it  shall  be  the  duty  of  the  Treasurer,  assistant  treasurers, 
designated  depositaries,  and  national  bank  depositaries  of  the 
United  States,  who  shall  be  kept  informed  by  the  Comptroller 
of  the  Currency  of  such  associations  as  shall  fail  to  return  cir 
culation  as  required,  to  assort  and  return  to  the  Treasury  for 
redemption  the  notes  of  such  associations  as  shall  come  into 
their  hands  until  the  amount  required  shall  be  redeemed,  and  in 
like  manner  to  assort  and  return  to  the  Treasury,  for  redemption, 
the  notes  of  such  national  banks  as  have  failed,  or  gone  into 
voluntary  liquidation  for  the  purpose  of  winding  up  their  affairs, 
and  of  such  as  shall  hereafter  so  fail  or  go  into  liquidation. 

SEC.  9.  That  from  and  after  the  passage  of  this  act  it  shall  be 
lawful  for  the  Comptroller  of  the  Currency,  and  he  is  hereby 
required,  to  issue  circulating-notes  without  delay,  as  applications 
therefor  are  made,  not  to  exceed  the  sum  of  fifty-five  million  dol 
lars,  to  associations  organized,  or  to  be  organized,  in  those  States 
and  Territories  having  less  than  their  proportion  of  circulation, 
under  an  apportionment  made  on  the  basis  of  population  and  of 
wealth,  as  shown  by  the  returns  of  the  census  of  eighteen  hundred 
and  seventy;  and  every  association  hereafter  organized  shall  be 
subject  to,  and  be  governed  by,  the  rules,  restrictions,  and  limita 
tions,  and  possess  the  rights,  privileges,  and  franchises,  now  or 
hereafter  to  be  prescribed  by  law  as  to  national  banking  associa 
tions,  with  the  same  power  to  amend,  alter,  and  repeal  provided 
by  "  the  national  bank  act :  '  Provided,  That  the  whole  amount 
of  circulation  withdrawn  and  redeemed  from  banks  transacting 
business  shall  not  exceed  fifty-five  million  dollars,  and  that  such 
circulation  shall  be  withdrawn  and  redeemed  as  it  shall  be  neces 
sary  to  supply  the  circulation  previously  issued  to  the  banks  in 


1 874]  RESUMPTION  OF  SPECIE  PAYMENTS  30 1 

those  States  having  less  than  their  apportionment  :  And  provided 
further.  That  not  more  than  thirty  million  dollars  shall  be  with 
drawn  and  redeemed  as  herein  contemplated   during   the  fiscal 
year  ending  June  thirtieth,  eighteen  hundred  and  seventy-five. 
APPROVED,  June  20,  1874. 


No.  98.      Resumption  of  Specie   Payments 

January  14,   1875 

ONE  result  of  the  financial  crisis  which  began  in  September,  1873,  was  the 
introduction,  in  the  next  session  of  Congress,  of  an  extraordinary  number  of 
bills  relating  to  banks  and  the  currency.  A  bill  providing  for  the  redemption 
and  reissue  of  United  States  notes,  with  gradual  payment  of  the  notes  in  coin 
or  bonds  after  January  i,  1876,  was  reported  in  the  Senate  by  Sherman, 
March  23,  1874,  and  passed  that  body  April  6  and  the  House  April  14,  but 
was  vetoed  by  President  Grant.  A  bill  to  provide  for  the  resumption  of 
specie  payments,  prepared  in  the  first  instance  by  a  committee  of  the  Republi 
can  members  of  Congress,  and  submitted  by  them  to  the  Senate  Committee  on 
Finance,  was  reported  by  Sherman  December  21,  and  passed  the  Sen 
ate  the  next  day  by  a  vote  of  32  to  14.  The  bill  was  taken  up  in  the 
House  January  7,  1875,  an<^  Passed  the  same  day,  the  vote  being  136  to  98, 
54  not  voting.  President  Grant  communicated  his  approval  in  a  special  mes 
sage  to  the  Senate,  in  which  further  legislation  to  make  the  law  effective  was 
suggested. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XVIII,  296.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  43d  Cong.,  2d  Sess.,  and  the 
Cong.  Record.  On  resumption  see  Sherman,  Recollections,  I,  chaps'.  24-26  ; 
II,  chaps.  30  and  36  ;  annual  reports  of  the  Secretary  of  the  Treasury 
(Sherman)  for  1877-1879  ;  Dewey,  Financial  History,  chap.  15  ;  House 
Misc.  Doc.  48,  45th  Cong.,  2d  Sess. 

An  act  to  provide  for  the  resumption  of  specie  payments. 

Be  it  enacted  .  .  .,  That  the  Secretary  of  the  Treasury  is 
hereby  authorized  and  required,  as  rapidly  as  practicable,  to 
cause  to  be  coined  at  the  mints  of  the  United  States,  silver  coins 
of  the  denominations  of  ten,  twenty-five,  and  fifty  cents,  of  stand 
ard  value,  and  to  issue  them  in  redemption  of  an  equal  number 


302  RESUMPTION   OF  SPECIE  PAYMENTS  [Jan.  14 

and  amount  of  fractional  currency  of  similar  denominations,  or,  at 
his  discretion,  he  may  issue  such  silver  coins  through  the  mints, 
the  subtreasuries,  public  depositaries,  and  post-offices  of  the 
United  States ;  and,  upon  such  issue,  he  is  hereby  authorized 
and  required  to  redeem  an  equal  amount  of  such  fractional  cur 
rency,  until  the  whole  amount  of  such  fractional  currency  out 
standing  shall  be  redeemed. 

SEC.  2.  That  so  much  of  section  three  thousand  five  hundred 
and  twenty-four  of  the  Revised  Statutes  of  the  United  States  as 
provides  for  a  charge  of  one-fifth  of  one  per  centum  for  convert 
ing  standard  gold  bullion  into  coin  is  hereby  repealed,  and  here 
after  no  charge  shall  be  made  for  that  service. 

SEC.  3.  That  section  five  thousand  one  hundred  and  seventy- 
seven  of  the  Revised  Statutes  of  the  United  States,  limiting  the 
aggregate  amount  of  circulating-notes  of  national  banking- asso 
ciations,  be,  and  is  hereby,  repealed ;  and  each  existing  banking- 
association  may  increase  its  circulating-notes  in  accordance  with 
existing  law  without  respect  to  said  aggregate  limit;  and  new 
banking-associations  may  be  organized  in  accordance  with  existing 
law  without  respect  to  said  aggregate  limit ;  and  the  provi 
sions  of  law  for  the  withdrawal  and  redistribution  of  national- 
bank  currency  among  the  several  States  and  Territories  are 
hereby  repealed.  And  whenever,  and  so  often,  as  circulating- 
notes  shall  be  issued  to  any  such  banking-association,  so  in 
creasing  its  capital  or  circulating-notes,  or  so  newly  organized 
as  aforesaid,  it  shall  be  the  duty  of  the  Secretary  of  the  Treasury 
to  redeem  the  legal-tender  United  States  notes  in  excess  only  of 
three  hundred  million  of  dollars,  to  the  amount  of  eighty  per  cen 
tum  of  the  sum  of  national-bank  notes  so  issued  to  any  such  bank 
ing-association  as  aforesaid,  and  to  continue  such  redemption  as 
such  circulating-notes  are  issued  until  there  shall  be  outstanding 
the  sum  of  three  hundred  million  dollars  of  such  legal-tender 
United  States  notes,  and  no  more.  And  on  and  after  the  first 
day  of  January,  anno  Domini  eighteen  hundred  and  seventy- 
nine,  the  Secretary  of  the  Treasury  shall  redeem,  in  coin,  the 
United  States  legal-tender  notes  then  outstanding  on  their  presen- 


1875]  SECOND  CIVIL  RIGHTS  ACT  303 

tation  for  redemption,  at  the  office  of  the  assistant  treasurer  of 
the  United  States  in  the  city  of  New  York,1  in  sums  of  not  less 
than  fifty  dollars.  And  to  enable  the  Secretary  of  the  Treasury 
to  prepare  and  provide  for  the  redemption  in  this  act  authorized 
or  required,  he  is  authorized  to  use  any  surplus  revenues,  from 
time  to  time,  in  the  Treasury  not  otherwise  appropriated,  and  to 
issue,  sell,  and  dispose  of,  at  not  less  than  par,  in  coin,  either  of 
the  descriptions  of  bonds  of  the  United  States  described  in  the 
act  of  Congress  approved  July  fourteenth,  eighteen  hundred  and 
seventy,  entitled,  "  An  act  to  authorize  the  refunding  of  the 
national  debt,"  with  like  qualities,  privileges,  and  exemptions, 
to  the  extent  necessary  to  carry  this  act  into  full  effect,  and  to 
use  the  proceeds  thereof  for  the  purposes  aforesaid.  And  all 
provisions  of  law  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed. 

APPROVED,  January  14,  1875. 


No.  99.     Civil  Rights  Act 

March  i,  1875 

AN  amendment  offered  by  Sumner  to  the  amnesty  act  of  May  22,  1872 
[No.  94],  forbidding  discrimination  against  negroes  in  certain  public  places 
and  elsewhere,  was  lost  by  a  vote  of  29  to  30.  A  bill  of  similar  purport  was 
called  up  in  the  Senate  December  n,  1872,  and  passed  over.  Another  bill 
passed  the  Senate  April  30,  1873,  but  failed  in  the  House.  A  third  bill  was 
introduced  in  the  House,  December  18,  by  Butler  of  Massachusetts,  from  the 
Committee  on  the  Judiciary,  and  January  7, 1874,  was  recommitted.  A  fourth 
civil  rights  bill  passed  the  Senate  May  22,  but  was  not  acted  on  by  the  House. 
A  substitute  for  Butler's  bill  was  reported  December  16,  and  February  4,  1875, 
passed  the  House  with  amendments,  the  vote  being  162  to  100,  27  not  voting. 
The  bill  was  reported  in  the  Senate  on  the  I5th  without  amendment,  and 
passed  the  same  day  by  a  vote  of  38  to  26. 

REFERENCES. —  Text  in  U.S  Statutes  at  Large,  XVIII,  335-337.  For  the 
proceedings  see  the  House  and  Senate  Journals,  43d  Cong.,  2d  Sess.,  and  the 
Cong,  Record.  See  also  Pierce,  Sumner,  IV,  chaps.  57  and  59. 

» ^     1  An  act  of  March  3,  1887,  chap.  378,  added  San  Francisco. 


304  SECOND  CIVIL  RIGHTS  ACT  [March  I 

An  act  to  protect  all  citizens  in  their  civil  and  legal  rights. 

Whereas,  it  is  essential  to  just  government  we  recognize  the 
equality  of  all  men  before  the  law,  and  hold  that  it  is  the  duty  of 
government  in  its  dealings  with  the  people  to  mete  out  equal  and 
exact  justice  to  all,  of  whatever  nativity,  race,  color,  or  persuasion, 
religious  or  political ;  and  it  being  the  appropriate  object  of  legis 
lation  to  enact  great  fundamental  principles  into  law :  Therefore, 

Be  it  enacted  .  .  .,  That  all  persons  within  the  jurisdiction  of 
the  United  States  shall  be  entitled  to  the  full  and  equal  enjoyment 
of  the  accommodations,  advantages,  facilities,  and  privileges  of 
inns,  public  conveyances  on  land  or  water,  theaters,  and  other 
places  of  public  amusement ;  subject  only  to  the  conditions  and 
limitations  established  by  law,  and  applicable  alike  to  citizens  of 
every  race  and  color,  regardless  of  any  previous  condition  of 
servitude. 

SEC.  2.  That  any  person  who  shall  violate  the  foregoing  section 
by  denying  to  any  citizen,  except  for  reasons  by  law  applicable  to 
citizens  of  every  race  and  color,  and  regardless  of  any  previous 
condition  of  servitude,  the  full  enjoyment  of  any  of  the  accommo 
dations,  advantages,  facilities,  or  privileges  in  said  section  enu 
merated,  or  by  aiding  or  inciting  such  denial,  shall,  for  every  such 
offense,  forfeit  and  pay  the  sum  of  five  hundred  dollars  to  the 
person  aggrieved  thereby,  to  be  recovered  in  an  action  of  debt, 
with  full  costs ;  and  shall  also,  for  every  such  offense,  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
fined  not  less  than  five  hundred  nor  more  than  one  thousand  dol 
lars,  or  shall  be  imprisoned  not  less  than  thirty  days  nor  more 
than  one  year :  Provided,  That  all  persons  may  elect  to  sue  for 
the  penalty  aforesaid  or  to  proceed  under  their  rights  at  common 
law  and  by  State  statutes  •  and  having  so  elected  to  proceed  in 
the  one  mode  or  the  other,  their  right  to  proceed  in  the  other 
jurisdiction  shall  be  barred.  But  this  proviso  shall  not  apply  to 
criminal  proceedings,  either  under  this  act  or  the  criminal  law 
of  any  State :  And  provided  further,  That  a  judgment  for  the 
penalty  in  favor  of  the  party  aggrieved,  or  a  judgment  upon  an 
indictment,  shall  be  a  bar  to  either  prosecution  respectively. 


1875]  SECOND  CIVIL  RIGHTS  ACT  30$ 

SEC.  3.  That  the  district  and  circuit  courts  of  the  United 
States  shall  have,  exclusively  of  the  courts  of  the  several  States, 
cognizance  of  all  crimes  and  offenses  against,  and  violations  of, 
the  provisions  of  this  act ;  and  actions  for  the  penalty  given  by 
the  preceding  section  may  be  prosecuted  in  the  territorial,  district, 
or  circuit  courts  of  the  United  States  wherever  the  defendant  may 
be  found,  without  regard  to  the  other  party ;  and  the  district  attor 
neys,  marshals,  and  deputy  marshals  of  the  United  States,  and 
commissioners  appointed  by  the  circuit  and  territorial  courts  of 
the  United  States,  with  powers  of  arresting  and  imprisoning  or 
bailing  offenders  against  the  laws  of  the  United  States,  are  hereby 
specially  authorized  and  required  to  institute  proceedings  against 
every  person  who  shall  violate  the  provisions  of  this  act,  and  cause 
him  to  be  arrested  and  imprisoned  or  bailed,  as  the  case  may  be, 
for  trial  before  such  court  of  the  United  States,  or  territorial  court, 
as  by  law  has  cognizance  of  the  offense,  except  in  respect  of  the 
right  of  action  accruing  to  the  person  aggrieved ;  and  such  dis 
trict  attorneys  shall  cause  such  proceedings  to  be  prosecuted  to 
their  termination  as  in  other  cases  :  Provided,  That  nothing  con 
tained  in  this  section  shall  be  construed  to  deny  or  defeat  any 
right  of  civil  action  accruing  to  any  person,  whether  by  reason  of 
this  act  or  otherwise ;  and  any  district  attorney  who  shall  willfully 
fail  to  institute  and  prosecute  the  proceedings  herein  required, 
shall,  for  every  such  offense,  forfeit  and  pay  the  sum  of  five  hun 
dred  dollars  to  the  person  aggrieved  thereby,  to  be  recovered  by 
an  action  of  debt,  with  full  costs,  and  shall,  on  conviction  thereof, 
be  deemed  guilty  of  a  misdemeanor,  and  be  fined  not  less  than 
one  thousand  nor  more  than  five  thousand  dollars  :  And  provided 
further,  That  a  judgment  for  the  penalty  in  favor  of  the  party 
aggrieved  against  any  such  district  attorney,  or  a  judgment  upon 
an  indictment  against  any  such  district  attorney,  shall  be  a  bar  to 
either  prosecution  respectively. 

SEC.  4.  That  no  citizen  possessing  all  other  qualifications  which 

are  or  may  be  prescribed  by  law  shall  be  disqualified  for  service 

as  grand  or  petit  juror  in  any  court  of  the  United  States,  or  of 

any  State,  on  account  of  race,  color,  or  previous  condition  of  servi- 

x 


306  ISSUE  OF  SILVER  COIN  [July  22 

tude ;  and  any  officer  or  other  person  charged  with  any  duty  in 
the  selection  or  summoning  of  jurors  who  shall  exclude  or  fail  to 
summon  any  citizen  for  the  cause  aforesaid  shall,  on  conviction 
thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be  fined  not 
more  than  five  thousand  dollars. 

SEC.  5.  That  all  cases  arising  under  the  provisions  of  this  act 
in  the  courts  of  the  United  States  shall  be  reviewable  by  the 
Supreme  Court  of  the  United  States,  without  regard  to  the  sum 
in  controversy,  under  the  same  provisions  and  regulations  as  are 
now  provided  by  law  for  the  review  of  other  causes  in  said  court. 

APPROVED,  March  i,  1875. 


No.  ioo.     Joint  Resolution  for  the  Issue  of 
Silver  Coin 

July  22,   1876 

A  JOINT  resolution  for  the  issue  of  silver  coin  without  limitation  as  to 
amount  was  introduced  in  the  House  May  I,  1876,  by  Rufus  S.  Frost  of 
Massachusetts.  An  amended  bill,  drawn  in  accordance  with  the  suggestions 
of  the  Treasurer  of  the  United  States,  was  reported,  May  2,  by  the  Committee 
on  Banking  and  Currency.  In  submitting  the  amended  bill  it  was  stated  that 
fractional  currency  was  at  the  time  commanding  a  premium  of  from  three  to 
three  and  one-half  per  cent.  The  resolution  passed  the  House  June  10.  The 
Senate  on  the  2ist,  on  motion  of  Sherman,  added  the  section  terminating  the 
legal  tender  character  of  the  trade  dollar,  and  passed  the  bill.  The  bill  was 
favorably  reported  in  the  House  June  28,  but  the  House  added  further  amend 
ments,  and  the  bill  went  to  a  conference  committee.  The  report  of  the  com 
mittee  was  concurred  in  by  the  House,  July  13,  by  a  vote  of  129  to  76,  82  not 
voting,  and  by  the  Senate  the  next  day  without  a  division. 

REFERENCES. —  Text'va.  U.S.  Statutes  at  Large,  XIX,  215.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  44th  Cong.,  1st  Sess.,  and  the 
Cong.  Record.  The  important  discussion  was  over  the  report  of  the  confer 
ence  committee.  On  the  trade  dollar  see  Senate  Exec.  Doc.  80  and  House 
Misc.  Doc.  44,  45th  Cong.,  2d  Sess.;  House  Misc.  Doc.  if,  46th  Cong.,  ist 
Sess.;  House  Report 534,  46th  Cong.,  2d  Sess. 

Joint  resolution  for  the  issue  of  silver  coin. 

Resolved  .  .  .,  That  the  Secretary  of  the  Treasury,  under  such 
limits  and  regulations  as  will  best  secure  a  just  and  fair  distribu- 


1876]  ISSUE  OF  SILVER  COItf  307 

tion  of  the  same  through  the  country,  may  issue  the  silver  coin  at 
any  time  in  the  Treasury  to  an  amount  not  exceeding  ten  million 
dollars,  in  exchange  for  an  equal  amount  of  legal-tender  notes ; 
and  the  notes  so  received  in  exchange  shall  be  kept  as  a  special 
fund  separate  and  apart  from  all  other  money  in  the  Treasury,  and 
be  reissued  only  upon  the  retirement  and  destruction  of  a  like  sum 
of  fractional  currency  received  at  the  Treasury  in  payment  of  dues 
to  the  United  States ;  and  said  fractional  currency,  when  so  sub 
stituted,  shall  be  destroyed  and  held  as  part  of  the  sinking  fund, 
as  provided  in  the  act  approved  April  seventeen,  eighteen  hundred 
and  seventy- six. 

SEC.  2.  That  the  trade  dollar  shall  not  hereafter  be  a  legal 
tender,  and  the  Secretary  of  the  Treasury  is  hereby  authorized  to 
limit  from  time  to  time,  the  coinage  thereof  to  such  an  amount  as 
he  may  deem  sufficient  to  meet  the  export  demand  for  the  same. 

SEC.  3.  That  in  addition  to  the  amount  of  subsidiary  silver  coin 
authorized  by  law  to  be  issued  in  redemption  of  the  fractional  cur 
rency  it  shall  be  lawful  to  manufacture  at  the  several  mints,  and 
issue  through  the  Treasury  and  its  several  offices,  such  coin,  to  an 
amount,  that,  including  the  amount  of  subsidiary  silver  coin  and 
of  fractional  currency  outstanding,  shall,  in  the  aggregate,  not 
exceed,  at  any  time,  fifty  million  dollars. 

SEC.  4.  That  the  silver  bullion  required  for  the  purposes  of  this 
resolution  shall  be  purchased,  from  time  to  time,  at  market-rate,  by 
the  Secretary  of  the  Treasury,  with  any  money  in  the  Treasury  not 
otherwise  appropriated  ;  but  no  purchase  of  bullion  shall  be  made 
under  this  resolution  when  the  market-rate  for  the  same  shall  be 
such  as  will  not  admit  of  the  coinage  and  issue,  as  herein  pro 
vided,  without  loss  to  the  Treasury ;  and  any  gain  or  seigniorage 
arising  from  this  coinage  shall  be  accounted  for  and  paid  into  the 
Treasury,  as  provided  under  existing  laws  relative  to  the  subsidiary 
coinage  :  Provided,  That  the  amount  of  money  at  any  one  time 
invested  in  such  silver  bullion,  exclusive  of  such  resulting  coin, 
shall  not  exceed  two  hundred  thousand  dollars. 

APPROVED,  July  22,  1876. 


30$  ELECTORAL  COUNT  ACT  [Jan.  29 

No.  1 01.     Electoral  Count  Act 

January  29,  1877 

THE  result  of  the  presidential  election  of  1876  turned  on  the  counting  of 
the  electoral  votes  of  South  Carolina,  Florida,  Louisiana,  and  Oregon,  from  each 
of  which  States  there  were  double  returns.  December  7,  1876,  George  W. 
McCrary  of  Iowa  offered  in  the  House  a  resolution  for  the  appointment  of  a 
committee  of  five,  to  act  with  a  similar  committee  of  the  Senate,  with  instruc 
tions  to  report  a  bill  for  the  counting  of  the  electoral  vote.  The  Committee 
on  the  Judiciary,  to  whom  the  resolution  was  referred,  reported  on  the  I4th  a 
substitute  increasing  the  number  of  members  to  seven,  which  resolution  was 
agreed  to.  A  similar  committee  of  seven  was  appointed  by  the  Senate 
on  the  1 8th.  A  committee  was  also  appointed  in  the  Senate  to  investi 
gate  the  recent  election,  and  in  the  House  to  inquire  into  the  powers  of 
the  House  in  regard  to  counting  the  electoral  vote.  January  18  the  joint  com 
mittee  reported  a  bill  to  regulate  the  electoral  count.  The  bill  passed  the 
Senate  without  amendment  on  the  24th  by  a  vote  of  47  to  17,  and  the  House 
on  the  26th  by  a  vote  of  191  to  86,  14  not  voting.  The  approval  of  President 
Grant  was  communicated  in  a  special  message.  The  count  began  February  i, 
and  the  result  was  announced  in  the  early  morning  of  March  2.  The  result 
of  the  count  showed  185  votes  for  Hayes  and  Wheeler,  the  Republican  candi 
dates,  and  184  votes  for  Tilden  and  Hendricks,  the  Democratic  candidates. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XIX,  227-229.  For  the 
proceedings  see  the  House  and  Senate  Journals,  44th  Cong.,  2d  Sess.,  and  the 
Cong.  Record.  The  report  of  the  commission  is  in  the  Record,  ibid.,  Vol.  5, 
Part  IV  ;  it  was  also  published  separately.  A  large  amount  of  documentary 
evidence  was  introduced  in  the  debates.  The  other  documentary  literature  is 
extensive.  Important  general  references  are:  Stanwood,  History  of  the  Presi 
dency,  chap.  25  ;  Johnston  in  Lalor's  Cyclopaedia,  II,  50-53  ;  Elaine,  Twenty 
Years  of  Congress,  II,  chap.  25  ;  Cox,  Three  Decades,  chaps.  36  and  37  ; 
Sherman,  Recollections,  I,  chap.  28. 

An  act  to  provide  for  and  regulate  the  counting  of  votes  for  President  and 
Vice-President,  and  the  decision  of  questions  arising  thereon,  for  the  term 
commencing  March  fourth,  anno  Domini  eighteen  hundred  and  seventy- 
seven. 

Be  it  enacted  .  .  .,  That  the  Senate  and  House  of  Representa 
tives  shall  meet  in  the  hall  of  the  House  of  Representatives,  at  the 
hour  of  one  o'clock  post  meridian,  on  the  first  Thursday  in  Feb 
ruary,  anno  Domini  eighteen  hundred  and  seventy-seven  ;  and  the 


1877]  ELECTORAL  COUNT  ACT  309 

President  of  the  Senate  shall  be  their  presiding  officer.  Two 
tellers  shall  be  previously  appointed  on  the  part  of  the  Senate,  and 
two  on  the  part  of  the  House  of  Representatives,  to  whom  shall  be 
handed,  as  they  are  opened  by  the  President  of  the  Senate,  all  the 
certificates,  and  papers  purporting  to  be  certificates,  of  the  elec 
toral  votes,  which  certificates  and  papers  shall  be  opened,  pre 
sented,  and  acted  upon  in  the  alphabetical  order  of  the  States, 
beginning  with  the  letter  A ;  and  said  tellers  having  then  read  the 
same  in  the  presence  and  hearing  of  the  two  houses,  shall  make  a 
list  of  the  votes  as  they  shall  appear  from  the  said  certificates ; 
and  the  votes  having  been  ascertained  and  counted  as  in  this  act 
provided,  the  result  of  the  same  shall  be  delivered  to  the  Presi 
dent  of  the  Senate,  who  shall  thereupon  announce  the  state  of  the 
vote,  and  the  names  of  the  persons,  if  any,  elected,  which  announce 
ment  shall  be  deemed  a  sufficient  declaration  of  the  persons  elected 
President  and  Vice-President  of  the  United  States,  and,  together 
with  a  list  of  the  votes,  be  entered  on  the  journals  of  the  two  houses. 
Upon  such  reading  of  any  such  certificate  or  paper  when  there 
shall  be  only  one  return  from  a  State,  the  President  of  the  Senate 
shall  call  for  objections,  if  any.  Every  objection  shall  be  made  in 
writing,  and  shall  state  clearly  and  concisely,  and  without  argu 
ment,  the  ground  thereof,  and  shall  be  signed  by  at  least  one 
Senator  and  one  member  of  the  House  of  Representatives  before  the 
same  shall  be  received.  When  all  objections  so  made  to  any  vote 
or  paper  from  a  State  shall  have  been  received  and  read,  the  Sen 
ate  shall  thereupon  withdraw,  and  such  objections  shall  be  sub 
mitted  to  the  Senate  for  its  decision ;  and  the  Speaker  of  the 
House  of  Representatives  shall,  in  like  manner,  submit  such  objec 
tions  to  the  House  of  Representatives  for  its  decision;  and  no 
electoral  vote  or  votes  from  any  State  from  which  but  one  return 
has  been  received  shall  be  rejected  except  by  the  affirmative  vote 
of  the  two  Houses.  When  the  two  Houses  have  voted,  they  shall 
immediately  again  meet,  and  the  presiding  officer  shall  then  an 
nounce  the  decision  of  the  question  submitted. 

SEC.  2.   That  if  more  than  one  return,  or  paper  purporting  to 
be  a  return  from  a  State,  shall  have  been  received  by  the  Presi- 


3IO  ELECTORAL  COUNT  ACT  [Jan.  29 

dent  of  the  Senate,  purporting  to  be  the  certificates  of  electoral 
votes  given  at  the  last  preceding  election  for  President  and  Vice- 
President  in  such  State,  (unless  they  shall  be  duplicates  of  the 
same  return,)  all  such  returns  and  papers  shall  be  opened  by  him 
in  the  presence  of  the  two  Houses  when  met  as  aforesaid,  and  read 
by  the  tellers,  and  all  such  returns  and  papers  shall  thereupon  be 
submitted  to  the  judgment  and  decision  as  to  which  is  the  true 
and  lawful  electoral  vote  of  such  State,  of  a  commission  consti 
tuted  as  follows,  namely :  During  the  session  of  each  House  on 
the  Tuesday  next  preceding  the  first  Thursday  in  February,  eigh 
teen  hundred  and  seventy-seven,  each  House  shall,  by  viva  voce 
vote,  appoint  five  of  its  members,  who  with  the  five  associate  jus 
tices  of  the  Supreme  Court  of  the  United  States,  to  be  ascertained 
as  hereinafter  provided,  shall  constitute  a  commission  for  the  deci 
sion  of  all  questions  upon  or  in  respect  of  such  double  returns 
named  in  this  section.  On  the  Tuesday  next  preceding  the  first 
Thursday  in  February,  anno  Domini  eighteen  hundred  and  seventy- 
seven,  or  as  soon  thereafter  as  may  be,  the  associate  justices  of 
the  Supreme  Court  of  the  United  States  now  assigned  to  the  first, 
third,  eighth,  and  ninth  circuits  shall  select,  in  such  manner  as  a 
majority  of  them  shall  deem  fit,  another  of  the  associate  justices 
of  said  court,  which  five  persons  shall  be  members  of  said  com 
mission  ;  and  the  person  longest  in  commission  of  said  five  jus 
tices  shall  be  the  president  of  said  commission.  The  members  of 
said  commission  shall  respectively  take  and  subscribe  the  follow 
ing  oath :  "  I, ,  do  solemnly  swear  (or  affirm,  as 

the  case  may  be)  that  I  will  impartially  examine  and  consider  all 
questions  submitted  to  the  commission  of  which  I  am  a  member, 
and  a  true  judgment  give  thereon,  agreeably  to  the  Constitution 
and  the  laws  :  so  help  me  God ; "  which  oath  shall  be  filed  with 
the  Secretary  of  the  Senate.  When  the  commission  shall  have 
been  thus  organized,  it  shall  not  be  in  the  power  of  either  house 
to  dissolve  the  same,  or  to  withdraw  any  of  its  members ;  but  if 
any  such  Senator  or  member  shall  die  or  become  physically  unable 
to  perform  the  duties  required  by  this  act,  the  fact  of  such  death 
or  physical  inability  shall  be  by  said  commission,  before  it  shall 


1877]  ELECTORAL  COUNT  ACT  311 

proceed  further,  communicated  to  the  Senate  or  House  of  Repre 
sentatives,  as  the  case  may  be,  which  body  shall  immediately  and 
without  debate  proceed  by  viva  voce  vote  to  fill  the  place  so 
vacated,  and  the  person  so  appointed  shall  take  and  subscribe  the 
oath  hereinbefore  prescribed,  and  become  a  member  of  said  com 
mission  ;  and,  in  like  manner,  if  any  of  said  justices  of  the  Supreme 
Court  shall  die  or  become  physically  incapable  of  performing  the 
duties  required  by  this  act,  the  other  of  said  justices,  members  of 
the  said  commission,  shall  immediately  appoint  another  justice  of 
said  court  a  member  of  said  commission,  and,  in  such  appoint 
ments,  regard  shall  be  had  to  the  impartiality  and  freedom  from 
bias  sought  by  the  original  appointments  to  said  commission,  who 
shall  thereupon  immediately  take  and  subscribe  the  oath  herein 
before  prescribed,  and  become  a  member  of  said  commission  to 
fill  the  vacancy  so  occasioned.  All  the  certificates  and  papers 
purporting  to  be  certificates  of  the  electoral  votes  of  each  State 
shall  be  opened,  in  the  alphabetical  order  of  the  States,  as  pro 
vided  in  section  one  of  this  act ;  and  when  there  shall  be  more 
than  one  such  certificate  or  paper,  as  the  certificates  and  papers 
from  such  State  shall  so  be  opened,  (excepting  duplicates  of  the 
same  return,)  they  shall  be  read  by  the  tellers,  and  thereupon  the 
President  of  the  Senate  shall  call  for  objections,  if  any.  Every 
objection  shall  be  made  in  writing,  and  shall  state  clearly  and  con 
cisely,  and  without  argument,  the  ground  thereof,  and  shall  be 
signed  by  at  least  one  Senator  and  one  member  of  the  House 
of  Representatives  before  the  same  shall  be  received.  When  all 
such  objections  so  made  to  any  certificate,  vote,  or  paper  from  a 
State  shall  have  been  received  and  read,  all  such  certificates,  votes, 
and  papers  so  objected  to,  and  all  papers  accompanying  the  same, 
together  with  such  objections,  shall  be  forthwith  submitted  to  said 
commission,  which  shall  proceed  to  consider  the  same,  with  the 
same  powers,  if  any,  now  possessed  for  that  purpose  by  the  two 
Houses  acting  separately  or  together,  and,  by  a  majority  of  votes, 
decide  whether  any  and  what  votes  from  such  State  are  the  votes 
provided  for  by  the  Constitution  of  the  United  States,  and  how 
many  and  what  persons  were  duly  appointed  electors  in  such  State, 


312  ELECTORAL  COUNT  ACT  [Jan.  29 

and  may  therein  take  into  view  such  petitions,  depositions,  and 
other  papers,  if  any,  as  shall,  by  the  Constitution  and  now  existing 
law,  be  competent  and  pertinent  in  such  consideration ;  which 
decision  shall  be  made  in  writing,  stating  briefly  the  ground 
thereof,  and  signed  by  the  members  of  said  commission  agreeing 
therein ;  whereupon  the  two  houses  shall  again  meet,  and  such 
decision  shall  be  read  and  entered  in  the  journal  of  each  House, 
and  the  counting  of  the  votes  shall  proceed  in  conformity  there 
with,  unless,  upon  objection  made  thereto  in  writing  by  at  least 
five  Senators  and  five  members  of  the  Hoyse  of  Representatives, 
the  two  Houses  shall  separately  concur  in  ordering  otherwise,  in 
which  case  such  concurrent  order  shall  govern.  No  votes  or 
papers  from  any  other  State  shall  be  acted  upon  until  the  objec 
tions  previously  made  to  the  votes  or  papers  from  any  State  shall 
have  been  finally  disposed  of. 

SEC.  3.  That  while  the  two  Houses  shall  be  in  meeting,  as  pro 
vided  in  this  act,  no  debate  shall  be  allowed  and  no  question  shall 
be  put  by  the  presiding  officer,  except  to  either  House  on  a 
motion  to  withdraw ;  and  he  shall  have  power  to  preserve  order. 

SEC.  4.  That  when  the  two  Houses  separate  to  decide  upon 
an  objection  that  may  have  been  made  to  the  counting  of  any 
electoral  vote  or  votes  from  any  State,  or  upon  objection  to  a 
report  of  said  commission,  or  other  question  arising  under  this 
act,  each  Senator  and  Representative  may  speak  to  such  objection 
or  question  ten  minutes,  and  not  oftener  than  once;  but  after 
such  debate  shall  have  lasted  two  hours,  it  shall  be  the  duty  of 
each  House  to  put  the  main  question  without  further  debate. 

SEC.  5.  That  at  such  joint  meeting  of  the  two  Houses,  seats 
shall  be  provided  as  follows  :  For  the  President  of  the  Senate,  the 
Speaker's  chair ;  for  the  Speaker,  immediately  upon  his  left ;  the 
Senators  in  the  body  of  the  hall  upon  the  right  of  the  presiding 
officer ;  for  the  Representatives,  in  the  body  of  the  hall  not  pro 
vided  for  the  Senators  ;  for  the  tellers,  Secretary  of  the  Senate,  and 
Clerk  of  the  House  of  Representatives,  at  the  Clerk's  desk ;  for 
the  other  officers  of  the  two  Houses,  in  front  of  the  Clerk's  desk 
and  upon  each  side  of  the  Speaker's  platform.  Such  joint  meet- 


1877]  COINAGE  OF  STANDARD  SILVER  DOLLAR  313 

ing  shall  not  be  dissolved  until  the  count  of  electoral  votes  shall 
be  completed  and  the  result  declared;  and  no  recess  shall  be 
taken  unless  a  question  shall  have  arisen  in  regard  to  counting 
any  such  votes,  or  otherwise  under  this  act,  in  which  case  it  shall 
be  competent  for  either  House,  acting  separately,  in  the  manner 
hereinbefore  provided,  to  direct  a  recess  of  such  House  not  be 
yond  the  next  day,  Sunday  excepted,  at  the  hour  of  ten  o'clock 
in  the  forenoon.  And  while  any  question  is  being  considered  by 
said  commission,  either  House  may  proceed  with  its  legislative  or 
other  business. 

SEC.  6.  That  nothing  in  this  act  shall  be  held  to  impair  or 
affect  any  right  now  existing  under  the  Constitution  and  laws  to 
question,  by  proceeding  in  the  judical  courts  of  the  United  States, 
the  right  or  title  of  the  person  who  shall  be  declared  elected,  or 
who  shall  claim  to  be  President  or  Vice-President  of  the  United 
States,  if  any  such  right  exists. 

SEC.  7.  That  said  commission  shall  make  its  own  rules,  keep  a 
record  of  its  proceedings,  and  shall  have  power  to  employ  such 
persons  as  may  be  necessary  for  the  transaction  of  its  business  and 
the  execution  of  its  powers. 

APPROVED,  January  29,  1877. 


No.  1 02.     Coinage  of  the  Standard  Silver 
Dollar 

February  28,  1878 

THE  coinage  act  of  February  12,  1875  [No.  93],  omitted  the  silver  dol 
lar  from  the  list  of  pieces  thereafter  to  be  coined,  but  retained  the  trade  dol 
lar.  A  bill  to  provide  for  the  free  and  unlimited  coinage  of  silver  dollars  was 
introduced  in  the  House,  December  13,  1876,  by  Richard  P.  Bland  of  Mis 
souri,  as  a  substitute  for  a  bill  "to  utilize  the  products  of  gold  and  silver 
mines,"  introduced  June  3.  The  bill  passed  the  House  the  same  day  by  a 
vote  of  167  to  53,  69  not  voting.  In  the  Senate  the  bill  was  referred  to  the 
Committee  on  Finance,  which  reported  it  January  16,  1877,  without  recom 
mendation,  pending  the  report  of  the  silver  commission.  November  5,  by  a 


314  COINAGE  OF  STANDARD   SILVER  DOLLAR        [Feb.  28 

vote  of  164  to  34,  92  not  voting,  the  rules  were  suspended  to  allow  Bland  to 
introduce  and  the  House  to  pass  a  free  coinage  bill.1  The  bill  was  taken  up 
in  the  Senate  January  28  and  debated  until  February  15.  The  Senate  added 
sections  2  and  3  of  the  act,  the  provisos  of  section  I,  and,  on  motion  of  Wil 
liam  B.  Allison  of  Iowa,  the  limitation  on  the  amount  of  coinage,  the  vote  on 
the  latter  amendment  being  49  to  22.  The  final  vote  in  the  Senate  was  48  to 
21,  7  not  voting.  February  21  the  House  concurred  in  the  Senate  amend 
ments.  On  the  28th  the  bill  was  vetoed  by  President  Hayes,  but  was  passed 
over  the  veto,  in  the  House  by  a  vote  of  196  to  73,  23  not  voting  ;  in  the 
Senate  by  a  vote  of  46  to  19,  II  not  voting.  The  coinage  provision  of  the  act 
was  repealed  by  section  5  of  the  act  of  July  14,  1890  [No.  121,  post]. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XX,  25,  26.  For  the 
proceedings  see  the  House  and  Senate  Journals,  45th  Cong.,  2d  Sess.,  and  the 
Cong.  Globe.  See  House  Misc.  Doc.  2j  ;  Senate  Exec.  Doc.  3,  5Oth  Cong., 
2d  Sess.;  Dewey,  Financial  History,  chap.  17,  and  references  there  given  ; 
Blaine,  Twenty  Years  of  Congress,  II,  chap.  26  ;  Sherman,  Recollections,  II, 
chaps.  31  and  32,  and  annual  report  as  Secretary  of  the  Treasury,  Decem 
ber,  1877. 

An  act  to  authorize  the  coinage  of  the  standard  silver  dollar,  and  to  restore  its 
legal-tender  character. 

Be  it  enacted  .  .  .,  That  there  shall  be  coined,  at  the  several 
mints  of  the  United  States,  silver  dollars  of  the.  weight  of  four 
hundred  and  twelve  and  a  half  grains  Troy  of  standard  silver,  as 
provided  in  the  act  of  January  eighteenth,  eighteen  hundred  thirty- 
seven,  on  which  shall  be  the  devices  and  superscriptions  provided 
by  said  act;  which  coins  together  with  all  silver  dollars  heretofore 
coined  by  the  United  States,  of  like  weight  and  fineness,  shall  be 
a  legal  tender,  at  their  nominal  value,  for  all  debts  and  dues 
public  and  private,  except  where  otherwise  expressly  stipulated  in 
the  contract.  And  the  Secretary  of  the  Treasury  is  authorized 
and  directed  to  purchase,  from  time  to  time,  silver  bullion,  at  the 
market  price  thereof,  not  less  than  two  million  dollars  worth  per 
month,  nor  more  than  four  million  dollars  worth  per  month,  and 
cause  the  same  to  be  coined  monthly,  as  fast  as  so  purchased, 

1  "The  previous  question  being  ordered  and  the  rules  suspended,  a  single  vote 
would  introduce  the  bill  without  a  reference  to  a  committee,  and  would  pass  it 
without  any  power  of  amendment,  without  the  usual  reading  at  three  separate 
times."  (Sherman,  Recollections,  II,  603.) 


1878]  COINAGE  OF  STANDARD   SILVER  DOLLAR  315 

into  such  dollars ;  and  a  sum  sufficient  to  carry  out  the  foregoing 
provision  of  this  act  is  hereby  appropriated  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated.  And  any  gain  or 
seigniorage  arising  from  this  coinage  shall  be  accounted  for  and 
paid  into  the  Treasury,  as  provided  under  existing  laws  relative 
to  the  subsidiary  coinage  :  Provided,  That  the  amount  of  money 
at  any  one  time  invested  in  such  silver  bullion,  exclusive  of  such 
resulting  coin,  shall  not  exceed  five  million  dollars  :  And  provided 
further,  That  nothing  in  this  act  shall  be  construed  to  authorize 
the  payment  in  silver  of  certificates  of  deposit  issued  under  the 
provisions  of  section  two  hundred  and  fifty-four  of  the  Revised 
Statutes. 

SEC.  2.  That  immediately  after  the  passage  of  this  act,  the  Presi 
dent  shall  invite  the  governments  of  the  countries  composing  the 
Latin  Union,  so-called,  and  of  such  other  European  nations  as  he 
may  deem  advisable,  to  join  the  United  States  in  a  conference  to 
adopt  a  common  ratio  between  gold  and  silver,  for  the  purpose  of 
establishing,  internationally,  the  use  of  bi-metallic  money,  and 
securing  fixity  of  relative  value  between  those  metals ;  such  con 
ference  to  be  rjeld  at  such  place,  in  Europe  or  in  the  United  States, 
at  such  time  within  six  months,  as  may  be  mutually  agreed  upon 
by  the  executives  of  the  governments  joining  in  the  same,  when 
ever  the  governments  so  invited,  or  any  three  of  them,  shall  have 
signified  their  willingness  to  unite  in  the  same. 

The  President  shall,  by  and  with  the  advice  and  consent  of  the 
Senate,  appoint  three  commissioners,  who  shall  attend  such  con 
ference  on  behalf  of  the  United  States,  and  shall  report  the  doings 
thereof  to  the  President,  who  shall  transmit  the  same  to  Congress. 
#*##### 

SEC.  3.  That  any  holder  of  the  coin  authorized  by  this  act  may 
deposit  the  same  with  the  Treasurer  or  any  assistant  treasurer  of 
the  United  States,  in  sums  not  less  than  ten  dollars,  and  receive 
therefor  certificates  of  not  less  than  ten  dollars  each,  corresponding 
with  the  denominations  of  the  United  States  notes.  The  coin  de 
posited  for  or  representing  the  certificates  shall  be  retained  in  the 
Treasury  for  the  payment  of  the  same  on  demand.  Said  certifi- 


316  LEGAL  TENDER  NOTES  [May  31 

cates  shall  be  receivable  for  customs,  taxes,  and  all  public  dues, 
and,  when  so  received,  may  be  reissued. 

SEC.  4.   All  acts  and  parts  of  acts  inconsistent  with  the  provi 
sions  of  this  act  are  hereby  repealed. 


No.  103.     Act  forbidding  the  Further  Retire 

ment  of  Legal  Tender  Notes 
£  >  bff>  0  f  L  May  31,  1878 


APRIL  29,  1878,  in  the  House,  Greenbury  L.  Fort  of  Illinois  moved  a  sus 
pension  of  the  rules  to  allow  the  introduction  and  passage  of  a  bill  to  forbid 
the  further  retirement  of  United  States  legal  tender  notes.  By  a  vote  of  117 
to  35,  79  not  voting,  the  motion  prevailed.  The  second  reading  was  voted  in 
the  Senate  May  7,  34  to  23.  On  the  2ist  the  Committee  on  Finance  reported 
the  bill  without  amendment.  The  bill  was  taken  up  on  the  27th  by  a  vote  of 
28  to  26,  and  passed  the  next  day,  the  final  vote  being  41  to  18. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XX,  87.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  45th  Cong.,  2d  Sess.,  and  the 
Cong.  Record.  On  the  constitutionality  of  the  act  see  Juilliard  v.  Greenman, 
1  10  U.S.  Reports,  421,  and  Thayer,  Cases  on  Constitutional  Law,  II,  2267- 
2273. 

An  act  to  forbid  the  further  retirement  of  United  States  legal-tender  notes. 

Be  it  enacted  .  .  .,  That  from  and  after  the  passage  of  this  act 
it  shall  not  be  lawful  for  the  Secretary  of  the  Treasury  or  other 
officer  under  him  to  cancel  or  retire  any  more  of  the  United 
States  legal-tender  notes.  And  when  any  of  said  notes  may  be 
redeemed  or  be  received  into  the  Treasury  under  any  law  from 
any  source  whatever  and  shall  belong  to  the  United  States,  they 
shall  not  be  retired  cancelled  or  destroyed  but  they  shall  be 
re-issued  and  paid  out  again  and  kept  in  circulation  :  Provided, 
That  nothing  herein  shall  prohibit  the  cancellation  and  destruc 
tion  of  mutilated  notes  and  the  issue  of  other  notes  of  like  denomi 
nation  in  their  stead,  as  now  provided  by  law. 

All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  repealed. 

APPROVED,  May  31,  1878. 


1878]  USE  OF  THE  ARMY  AT  THE  POLLS  317 

No.  104.     Use  of  the  Army  at  the  Polls 

May  4,  1880 

THE  army  appropriation  act  of  June  18,  1878,  forbade  the  use  of  the  army 
as  a.  posse  comitatus  save  as  authorized  by  the  Constitution  or  an  act  of  Con 
gress.  The  army  appropriation  bill  of  the  next  year,  containing  a  provision 
prohibiting  the  use  of  the  army  at  the  polls,  was  vetoed  by  President  Hayes. 
The  army  bill  of  1880  was  reported  in  the  House  March  30,  and  April  13  the 
amendment  contained  in  section  2  of  the  act  was  agreed  to,  the  vote  being 
117  to  96,  79  not  voting.  April  22,  in  the  Senate,  amendments  offered  by 
Edmunds,  Elaine,  and  others  to  nullify  this  section  were  rejected  and  the  bill 
passed,  the  final  vote  being  28  to  18. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXI,  113,  114.  For  the 
proceedings  see  the  House  and  Senate  Journals,  46th  Cong.,  2d  Sess.,  and 
the  Cong.  Record.  Hayes's  veto  message  of  April  29,  1879,  reviews  the 
previous  legislation. 

An  act  making  appropriations  for  the  support  of  the  Army  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  eighty-one,  and  for  other  pur 
poses. 

******* 

SEC.  2.  That  no  money  appropriated  in  this  act  is  appropriated 
or  shall  be  paid  for  the  subsistence,  equipment,  transportation,  or 
compensation  of  any  portion  of  the  Army  of  the  United  States  to 
be  used  as  a  police  force  to  keep  the  peace  at  the  polls  at  any 
election  held  within  any  State :  Provided,  That  nothing  in  this 
provision  shall  be  construed  to  prevent  the  use  of  troops  to  pro 
tect  against  domestic  violence  in  each  of  the  States  on  application 
of  the  legislature  thereof  or  of  the  executive  when  the  legislature 
cannot  be  convened. 

APPROVED,  May  4,  1880. 


3l8  PURCHASE  OF  BONDS  [March  3 

No.  105.     Purchase   of  Bonds 

March  3,   1881 

SECTION  2  of  the  sundry  civil  appropriation  act  of  March  3,  1881,  author 
izing  the  application  of  the  surplus  to  the  purchase  of  bonds,  was  offered  as 
an  amendment  to  the  bill,  March  2,  by  Thomas  F.  Bayard  of  Delaware,  from 
the  Senate  Committee  on  Finance,  and  was  agreed  to  without  debate.  In  his 
annual  message  of  December  6,  1887,  President  Cleveland  pointed  out  that 
"  the  only  pretense  of  any  existing  executive  power"  to  prevent  the  accumu 
lation  of  surplus  revenue  "  consists  in  the  supposition  that  the  Secretary  of 
the  Treasury  may  enter  the  market  and  purchase  the  bonds  of  the  Govern 
ment  not  yet  due,  at  a  rate  of  premium  to  be  agreed  upon  "  ;  and  he  expressed 
a  doubt  as  to  whether  the  provision  of  the  act  of  1881  was  properly  to  be 
regarded  as  still  in  effect.  A  bill  to  give  the  Secretary  of  the  Treasury  the 
necessary  authority  was  introduced  in  the  House  January  16,  1888,  and 
passed  that  body  February  29.  The  Senate  passed  the  bill  with  amendments 
April  5,  and  the  bill  went  to  a  conference  committee,  where  it  remained.  By 
a  resolution  of  April  16,  agreed  to  under  suspension  of  the  rules,  the  House 
declared  that  the  provision  of  the  act  of  1881  "  was  intended  to  be  a  per 
manent  provision  of  law  ;  and  the  same  is  hereby  declared  to  have  been  since 
its  enactment  and  to  be  now,  in  the  opinion  of  the  House,  in  full  force  and 
effect."  The  vote  on  the  motion  to  suspend  the  rules  was  138  to  64,  123  not 
voting. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XXI,  457.  For  the  later 
proceedings  see  the  House  and  Senate  Journals,  5Oth  Cong.,  1st  Sess.,  and  the 
Cong.  Record ;  see  also  Senate  Report  453. 

An  act  making  appropriations  for  sundry  civil  expenses  of  the  government  for 
the  fiscal  year  ending  June  thirtieth,  eighteen  hundred  and  eighty-two,  and 
for  other  purposes. 

******* 

SEC.  2.  That  the  Secretary  of  the  Treasury  may  at  any  time 
apply  the  surplus  money  in  the  Treasury  not  otherwise  appropri 
ated,  or  so  much  thereof  as  he  may  consider  proper,  to  the  pur 
chase  or  redemption  of  United  States  bonds  :  Provided,  That  the 
bonds  so  purchased  or  redeemed  shall  constitute  no  part  of  the 
sinking  fund  but  shall  be  cancelled. 

******* 

APPROVED,  March  3,  1881. 


i88i]  ANTI-POLYGAMY  ACT  319 

No.  1 06.     Anti-Polygamy  Act 

March  22,  1882 

IN  his  annual  message  of  December  6,  1881,  President  Arthur  called  atten 
tion  to  the  spread  of  Mormonism  in  the  Territories,  and  repeated  the  recom 
mendations  of  previous  messages  for  more  stringent  legislation.  A  bill  "  in 
reference  to  bigamy,  and  for  other  purposes,"  was  introduced  in  the  Senate, 
December  12,  1881,  by  Edmunds  of  Vermont,  and  referred  to  the  Committee 
on  the  Judiciary.  January  24  the  committee  reported  the  bill  with  numerous 
amendments.  The  bill  passed  the  Senate  February  16  and  the  House 
March  13,  the  vote  in  the  House  being  199  to  42,  51  not  voting. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXII,  30-32.  For  the 
proceedings  see  the  House  and  Senate  Journals,  47th  Cong.,  1st  Sess.,  and  the 
Cong.  Record.  On  the  constitutional  bearings  of  the  act  see  Murphy  v.  Ram 
sey,  114  U.S.  Reports,  15  ;  Cannon  v.  United  States,  116  ibid.,  55  ;  Davis  v. 
Season,  133  ibid.,  333. 

An  act  to  amend  section  fifty-three  hundred  and  fifty-two  of  the  Revised  Stat 
utes  of  the  United  States,  in  reference  to  bigamy,  and  for  other  purposes. 

Be  it  enacted  .  .  .,  That  section  fifty-three  hundred  and  fifty- 
two  of  the  Revised  Statutes  of  the  United  States 1  be,  and  the  same 
is  hereby,  amended  so  as  to  read  as, follows,  namely : 

"  Every  person  who  has  a  husband  or  wife  living  who,  in  a  Terri 
tory  or  other  place  over  which  the  United  States  have  exclusive 
jurisdiction,  hereafter  marries  another,  whether  married  or  single, 
and  any  man  who  hereafter  simultaneously,  or  on  the  same  day, 
marries  more  than  one  woman,  in  a  Territory  or  other  place  over 
which  the  United  States  have  exclusive  jurisdiction,  is  guilty  of 
polygamy,  and  shall  be  punished  by  a  fine  of  not  more  than 
five  hundred  dollars  and  by  imprisonment  for  a  term  of  not  more 
than  five  years  ;  but  this  section  shall  not  extend  to  any  person  by 
reason  of  any  former  marriage  whose  husband  or  wife  by  such 
marriage  shall  have  been  absent  for  five  successive  years,  and  is 
not  known  to  such  person  to  be  living,  and  is  believed  by  such 
person  to  be  dead,  nor  to  any  person  by  reason  of  any  former 
marriage  which  shall  have  been  dissolved  by  a  valid  decree  of  a 

1  Section  i  of  the  act  of  July  i,  1862  [No.  21,  ante]. 


320  ANTI-POLYGAMY  ACT  [March  22 

competent  court,  nor  to  any  person  by  reason  of  any  former  mar 
riage  which  shall  have  been  pronounced  void  by  a  valid  decree  of  a 
competent  court,  on  the  ground  of  nullity  of  the  marriage  contract." 

SEC.  2.  That  the  foregoing  provisions  shall  not  affect  the 
prosecution  or  punishment  of  any  offense  already  committed 
against  the  section  amended  by  the  first  section  of  this  act. 

SEC.  3.  That  if  any  male  person,  in  a  Territory  or  other  place 
over  which  the  United  States  have  exclusive  jurisdiction,  hereafter 
cohabits  with  more  than  one  woman,  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished 
by  a  fine  of  not  more  than  three  hundred  dollars,  or  by  imprison 
ment  for  not  more  than  six  months,  or  by  both  said  punishments, 
in  the  discretion  of  the  court. 

SEC.  4.  That  counts  for  any  or  all  of  the  offenses  named  in  sec 
tions  one  and  three  of  this  act  may  be  joined  in  the  same  informa 
tion  or  indictment. 

SEC.  5.  That  in  any  prosecution  for  bigamy,  polygamy,  or  un 
lawful  cohabitation,  under  any  statute  of  the  United  States,  it 
shall  be  sufficient  cause  of  challenge  to  any  person  drawn  or 
summoned  as  a  juryman  or  talesman,  first,  that  he  is  or  has  been 
living  in  the  practice  of  bigamy,  polygamy,  or  unlawful  cohabita 
tion  with  more  than  one  woman,  or  that  he  is  or  has  been  guilty 
of  an  offense  punishable  by  either  of  the  foregoing  sections,  or  by 
section  fifty-three  hundred  and  fifty-two  of  the  Revised  Statutes 
of  the  United  States,  or  the  act  of  July  first,  eighteen  hundred 
and  sixty- two,  entitled  "  An  act  to  punish  and  prevent  the  prac 
tice  of  polygamy  in  the  Territories  of  the  United  States  and  other 
places,  and  disapproving  and  annulling  certain  acts  of  the  legis 
lative  assembly  of  the  Territory  of  Utah,"  or,  second,  that  he 
believes  it  right  for  a  man  to  have  more  than  one  living  and  undi- 
vorced  wife  at  the  same  time,  or  to  live  in  the  practice  of  cohabit 
ing  with  more  than  one  woman;  and  any  person  appearing  or 
offered  as  a  juror  or  talesman,  and  challenged  on  either  of  the 
foregoing  grounds,  may  be  questioned  on  his  oath  as  to  the  exist 
ence  of  any  such  cause  of  challenge,  and  other  evidence  may  be 
introduced  bearing  upon  the  question  raised  by  such  challenge  ; 


1882]  ANTI-POLYGAMY  ACT  321 

and  this  question  shall  be  tried  by  the  court.  But  as  to  the  first 
ground  of  challenge  before  mentioned,  the  person  challenged 
shall  not  be  bound  to  answer  if  he  shall  say  upon  his  oath  that 
he  declines  on  the  ground  that  his  answer  may  tend  to  criminate 
himself;  and  if  he  shall  answer  as  to  said  first  ground,  his  answer 
shall  not  be  given  in  evidence  in  any  criminal  prosecution  against 
him  for  any  offense  named  in  sections  one  or  three  of  this  act ; 
but  if  he  declines  to  answer  on  any  ground,  he  shall  be  rejected 
as  incompetent. 

SEC.  6.  That  the  President  is  hereby  authorized  to  grant  am 
nesty  to  such  classes  of  offenders  guilty  of  bigamy,  polygamy,  or 
unlawful  cohabitation,  before  the  passage  of  this  act,  on  such  con 
ditions  and  under  such  limitations  as  he  shall  think  proper;  but 
no  such  amnesty  shall  have  effect  unless  the  conditions  thereof 
shall  be  complied  with. 

SEC.  7.  That  the  issue  of  bigamous  or  polygamous  marriages, 
known  as  Mormon  marriages,  in  cases  in  which  such  marriages 
have  been  solemnized  according  to  the  ceremonies  of  the  Mor 
mon  sect,  in  any  Territory  of  the  United  States,  and  such  issue 
shall  have  been  born  before  the  first  day  of  January,  anno  Domini 
eighteen  hundred  and  eighty-three,  are  hereby  legitimated. 

SEC.  8.  That  no  polygamist,  bigamist,  or  any  person  cohabit 
ing  with  more  than  one  woman,  and  no  woman  cohabiting  with 
any  of  the  persons  described  as  aforesaid  in  this  section,  in  any 
Territory  or  other  place  over  which  the  United  States  have  exclu 
sive  jurisdiction,  shall  be  entitled  to  vote  at  any  election  held  in 
any  such  Territory  or  other  place,  or  be  eligible  for  election  or 
appointment  to  or  be  entitled  to  hold  any  office  or  place  of  public 
trust,  honor,  or  emolument  in,  under,  or  for  any  such  Territory  or 
place,  or  under  the  United  States. 

SEC.  9.  That  all  the  registration  and  election  offices  of  every 
description  in  the  Territory  of  Utah  are  hereby  declared  vacant, 
and  each  and  every  duty  relating  to  the  registration  of  voters,  the 
conduct  of  elections,  the  receiving  or  rejection  of  votes,  and  the 
canvassing  and  returning  of  the  same,  and  the  issuing  of  certifi 
cates  or  other  evidence  of  election  in  said  Territory,  shall,  until 

Y 


322  ANTI-POLYGAMY  ACT  [March  22 

other  provision  be  made  by  the  legislative  assembly  of  said  Terri 
tory  as  is  hereinafter  by  this  section  provided,  be  performed  under 
the  existing  laws  of  the  United  States  and  of  said  Territory  by 
proper  persons,  who  shall  be  appointed  to  execute  such  offices 
and  perform  such  duties  by  a  board  of  five  persons,  to  be  ap 
pointed  by  the  President,  by  and  with  the  advice  and  consent  of 
the  Senate,  not  more  than  three  of  whom  shall  be  members  of  one 
political  party ;  and  a  majority  of  whom  shall  be  a  quorum.  The 
members  of  said  board  so  appointed  by  the  President  shall  each 
receive  a  salary  at  the  rate  of  three  thousand  dollars  per  annum, 
and  shall  continue  in  office  until  the  legislative  assembly  of  said 
Territory  shall  make  provision  for  filling  said  offices  as  herein 
authorized.  The  Secretary  of  the  Territory  shall  be  the  secre 
tary  of  said  board,  and  keep  a  journal  of  its  proceedings,  and 
attest  the  action  of  said  board  under  this  section.  The  canvass 
and  return  of  all  the  votes  at  elections  in  said  Territory  for  mem 
bers  of  the  legislative  assembly  thereof  shall  also  be  returned  to 
said  board,  which  shall  canvass  all  such  returns  and  issue  certifi 
cates  of  election  to  those  persons  who,  being  eligible  for  such 
election,  shall  appear  to  have  been  lawfully  elected,  which  cer 
tificates  shall  be  the  only  evidence  of  the  right  of  such  persons 
to  sit  in  such  assembly :  Provided,  That  said  board  of  five  per 
sons  shall  not  exclude  any  person  otherwise  eligible  to  vote  from 
the  polls  on  account  of  any  opinion  such  person  may  entertain  on 
the  subject  of  bigamy  or  polygamy  nor  shall  they  refuse  to  count 
any  such  vote  on  account  of  the  opinion  of  the  person  casting  it 
on  the  subject  of  bigamy  or  polygamy ;  but  each  house  of  such 
assembly,  after  its  organization,  shall  have  power  to  decide  upon 
the  elections  and  qualifications  of  its  members.  And  at,  or  after 
the  first  meeting  of  said  legislative  assembly  whose  members  shall 
have  been  elected  and  returned  according  to  the  provisions  of  this 
act,  said  legislative  assembly  may  make  such  laws,  conformable  to 
the  organic  act  of  said  Territory  and  not  inconsistent  with  other 
laws  of  the  United  States,  as  it  shall  deem  proper  concerning  the 
filling  of  the  offices  in  said  Territory  declared  vacant  by  this  act. 
APPROVED,  March  22,  1882. 


1882]          ACT  RESTRICTING  CHINESE   IMMIGRATION  323 

No.  107.     Act  restricting  Chinese  Immigration 

May  6,  1882 

A  BILL  "  to  restrict  the  immigration  of  Chinese  to  the  United  States  "  was 
vetoed  by  President  Hayes,  March  I,  1879,  principally  on  the  ground  of  the 
interference  of  the  proposed  act  with  the  Burlingame  treaty  of  1869.  April  6, 
1882,  a  bill  "to  execute  certain  treaty  stipulations  relating  to  Chinese"  was 
introduced  in  the  House  by  Campbell  P.  Berry  of  California,  and  referred  to 
the  Committee  on  Education  and  Labor,  together  with  a  bill  "  to  regulate, 
limit,  and  suspend  the  immigration  of  Chinese  laborers,"  introduced  by  Albert 
S.  Willis  of  Kentucky.  A  substitute  for  the  Berry  bill  was  reported  April  12, 
and  on  the  lyth,  by  a  vote  of  202  to  37,  52  not  voting,  the  rules  were  sus 
pended  and  the  bill  passed.  The  Senate  in  committee  added  numerous 
amendments,  among  them  amendments  striking  out  sections  14  and  15, 
forbidding  naturalization  and  defining  "  Chinese  laborers  "  :  these  last  two 
amendments  were  non-concurred  in  by  the  Senate  by  votes  of  26  to  32  and  20 
to  25,  respectively.  On  the  28th  the  bill  passed  the  Senate.  The  amendments 
of  the  Senate  were  accepted  by  the  House.  The  act  was  amended  in  numer 
ous  details  by  an  act  of  July  5,  1884,  and  made  to  apply  "to  all  subjects  of 
China  and  Chinese,  whether  subjects  of  China  or  any  other  foreign  power." 
A  supplementary  act  of  October  1, 1888,  forbade  the  return  of  Chinese  laborers 
who  had  left  the  United  States.  The  acts  of  May  6,  1882,  and  July  5,  1884, 
were  repealed  by  section  15  of  the  act  of  September  13,  1888  [No.  119]. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXII,  58-61.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  47th  Cong.,  1st  Sess.,  and  the 
Cong.  Record.  The  text  of  the  House  bill  is  in  the  Record,  April  17  ;  the  Sen 
ate  amendments  are  in  ibid.,  April  25.  The  report  accompanying  the 
House  bill  is  House  Report  1017.  On  the  general  subject  see,  besides  Hayes's 
veto  message,  Senate  Report  68q,  44th  Cong.,  2d  Sess.;  House  Report  240  and 
Senate  Misc.  Doc.  36,  45th  Cong.,  2d  Sess.;  House  Report  62,  ibid.,  3d  Sess.; 
House  Exec.  Doc.  70  and  House  Report 572,  46th  Cong.,  2d  Sess. 

An  act  to  execute  certain  treaty  stipulations  relating  to  Chinese. 

WHEREAS,  in  the  opinion  of  the  Government  of  the  United 
States  the  coming  of  Chinese  laborers  to  this  country  endangers 
the  good  order  of  certain  localities  within  the  territory  thereof : 
Therefore, 

Be  it  enacted  .  .  .,  That  from  and  after  the  expiration  of  ninety 
days  next  after  the  passage  of  this  act,  and  until  the  expiration  of 


324  ACT   RESTRICTING  CHINESE  IMMIGRATION        [May  6 

ten  years  next  after  the  passage  of  this  act,  the  coming  of  Chi 
nese  laborers  to  the  United  States  be,  and  the  same  is  hereby, 
suspended ;  and  during  such  suspension  it  shall  not  be  lawful  for 
any  Chinese  laborer  to  come,  or,  having  so  come  after  the  expira 
tion  of  said  ninety  days,  to  remain  within  the  United  States. 

SEC.  2.  That  the  master  of  any  vessel  who  shall  knowingly 
bring  within  the  United  States  on  such  vessel,  and  land  or  permit 
to  be  landed,  any  Chinese  laborer,  from  any  foreign  port  or  place, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  of  not  more  than  five  hundred 
dollars  for  each  and  every  such  Chinese  laborer  so  brought,  and 
may  be  also  imprisoned  for  a  term  not  exceeding  one  year. 

SEC.  3.  That  the  two  foregoing  sections  shall  not  apply  to 
Chinese  laborers  who  were  in  the  United  States  on  the  seven 
teenth  day  of  November,  eighteen  hundred  and  eighty,  or  who 
shall  have  come  into  the  same  before  the  expiration  of  ninety  days 
next  after  the  passage  of  this  act,  and  who  shall  produce  to  such 
master  before  going  on  board  such  vessel,  and  shall  produce  to 
the  collector  of  the  port  in  the  United  States  at  which  such  vessel 
shall  arrive,  the  evidence  hereinafter  in  this  act  required  of  his 
being  one  of  the  laborers  in  this  section  mentioned ;  nor  shall  the 
two  foregoing  sections  apply  to  the  case  of  any  master  whose 
vessel,  being  bound  to  a  port  not  within  the  United  States,  shall 
come  within  the  jurisdiction  of  the  United  States  by  reason  of 
being  in  distress  or  in  stress  of  weather,  or  touching  at  any  port 
of  the  United  States  on  its  voyage  to  any  foreign  port  or  place  : 
Provided,  That  all  Chinese  laborers  brought  on  such  vessel  shall 
depart  with  the  vessel  on  leaving  port. 

SEC.  4.  That  for  the  purpose  of  properly  identifying  Chinese 
laborers  who  were  in  the  United  States  on  the  seventeenth  day 
of  November,  eighteen  hundred  and  eighty,  or  who  shall  have 
come  into  the  same  before  the  expiration  of  ninety  days  next 
after  the  passage  of  this  act,  and  in  order  to  furnish  them  with  the 
proper  evidence  of  their  right  to  go  from  and  come  to  the  United 
States  of  their  free  will  and  accord,  as  provided  by  the  treaty  be 
tween  the  United  States  and  China  dated  November  seventeenth, 


1 882]          ACT  RESTRICTING  CHINESE  IMMIGRATION  32$ 

eighteen  hundred  and  eighty,  the  collector  of  customs  of  the 
district  from  which  any  such  Chinese  laborer  shall  depart  from 
the  United  States  shall,  in  person  or  by  deputy,  go  on  board  each 
vessel  having  on  board  any  such  Chinese  laborer  and  cleared  or 
about  to  sail  from  his  district  for  a  foreign  port,  and  on  such  vessel 
make  a  list  of  all  such  Chinese  laborers,  which  shall  be  entered  in 
registry- books  to  be  kept  for  that  purpose,  in  which  shall  be  stated 
the  name,  age,  occupation,  last  place  of  residence,  physical  marks 
or  peculiarities,  and  all  facts  necessary  for  the  identification  of  each 
of  such  Chinese  laborers,  which  books  shall  be  safely  kept  in 
the  custom-house ;  and  every  such  Chinese  laborer  so  departing 
from  the  United  States  shall  be  entitled  to,  and  shall  receive, 
free  of  any  charge  or  cost  upon  application  therefor,  from  the  col 
lector  or  his  deputy,  at  the  time  such  list  is  taken,  a  certificate, 
signed  by  the  collector  or  his  deputy  and  attested  by  his  seal  of 
office,  in  such  form  as  the  Secretary  of  the  Treasury  shall  prescribe, 
which  certificate  shall  contain  a  statement  of  the  name,  age,  occu 
pation,  last  place  of  residence,  personal  description,  and  facts  of 
identification  of  the  Chinese  laborer  to  whom  the  certificate  is 
issued,  corresponding  with  the  said  list  and  registry  in  all  particu 
lars.  In  case  any  Chinese  laborer  after  having  received  such  cer 
tificate  shall  leave  such  vessel  before  her  departure  he  shall  deliver 
his  certificate  to  the  master  of  the  vessel,  and  if  such  Chinese 
laborer  shall  fail  to  return  to  such  vessel  before  her  departure  from 
port  the  certificate  shall  be  delivered  by  the  master  to  the  collec 
tor  of  customs  for  cancellation.  The  certificate  herein  provided 
for  shall  entitle  the  Chinese  laborer  to  whom  the  same  is  issued  to 
return  to  and  re-enter  the  United  States  upon  producing  and  de 
livering  the  same  to  the  collector  of  customs  of  the  district  at 
which  such  Chinese  laborer  shall  seek  to  re-enter ;  and  upon  deliv 
ery  of  such  certificate  by  such  Chinese  laborer  to  the  collector  of 
customs  at  the  time  of  re-entry  in  the  United  States,  said  collector 
shall  cause  the  same  to  be  filed  in  the  custom-house  and  duly 
cancelled.1 

*By  the  act  of  October  i,  1888,  the  issue  of  certificates  of  identity  was  discon 
tinued,  and  certificates  already  issued  were  declared  null  and  void. 


326  ACT  RESTRICTING  CHINESE  IMMIGRATION        [May  6 

SEC.  5.  [Certificate  to  issue  on  departure  from  United  States, 
by  land,  free  of  cost.] 

SEC.  6.  That  in  order  to  the  faithful  execution  of  articles  one 
and  two  of  the  treaty  in  this  act  before  mentioned,  every  Chinese 
person  other  than  a  laborer  who  may  be  entitled  by  said  treaty 
and  this  act  to  come  within  the  United  States,  and  who  shall  be 
about  to  come  to  the  United  States,  shall  be  identified  as  so  enti 
tled  by  the  Chinese  Government  in  each  case,  such  identity  to  be 
evidenced  by  a  certificate  issued  under  the  authority  of  said  gov 
ernment,  which  certificate  shall  be  in  the  English  language  or  (if 
not  in  the  English  language)  accompanied  by  a  translation  into 
English,  stating  such  right  to  come,  and  which  certificate  shall 
state  the  name,  title,  or  official  rank,  if  any,  the  age,  height,  and 
all  physical  peculiarities,  former  and  present  occupation  or  pro 
fession,  and  place  of  residence  in  China  of  the  person  to  whom 
the  certificate  is  issued  and  that  such  person  is  entitled  comform- 
ably  to  the  treaty  in  this  act  mentioned  to  come  within  the  United 
States.  Such  certificate  shall  be  prima-facie  evidence  of  the  fact 
set  forth  therein,  and  shall  be  produced  to  the  collector  of  cus 
toms,  or  his  deputy,  of  the  port  in  the  district  in  the  United 
States  at  which  the  person  named  therein  shall  arrive. 

SEC.  7.    [Fraudulent  certificates.] 

SEC.  8.  That  the  master  of  any  vessel  arriving  in  the  United 
States  from  any  foreign  port  or  place  shall,  at  the  same  time  he 
delivers  a  manifest  of  the  cargo,  and  if  there  be  no  cargo,  then 
at  the  time  of  making  a  report  of  the  entry  of  the  vessel  pursuant 
to  law,  in  addition  to  the  other  matter  required  to  be  reported, 
and  before  landing,  or  permitting  to  land,  any  Chinese  passengers, 
deliver  and  report  to  the  collector  of  customs  of  the  district  in 
which  such  vessels  shall  have  arrived  a  separate  list  of  all  Chinese 
passengers  taken  on  board  his  vessel  at  any  foreign  port  or  place, 
and  all  such  passengers  on  board  the  vessel  at  that  time.  Such 
list  shall  show  the  names  of  such  passengers  (and  if  accredited 
officers  of  the  Chinese  Government  traveling  on  the  business  of 
that  government,  or  their  servants,  with  a  note  of  such  facts),  and 
the  names  and  other  particulars,  as  shown  by  their  respective  cer- 


1 882]          ACT  RESTRICTING  CHINESE  IMMIGRATION  327 

tificates ;  and  such  list  shall  be  sworn  to  by  the  master  in  the 
manner  required  by  law  in  relation  to  the  manifest  of  the  cargo. 
Any  willful  refusal  or  neglect  of  any  such  master  to  comply  with 
the  provisions  of  this  section  shall  incur  the  same  penalties  and 
forfeiture  as  are  provided  for  a  refusal  or  neglect  to  report  and 
deliver  a  manifest  of  the  cargo. 

SEC.  9.  That  before  any  Chinese  passengers  are  landed  from 
any  such  vessel,  the  collector,  or  his  deputy,  shall  proceed  to  ex 
amine  such  passengers,  comparing  the  certificates  with  the  list  and 
with  the  passengers ;  and  no  passenger  shall  be  allowed  to  land  in 
the  United  States  from  such  vessel  in  violation  of  law. 

SEC.  10.   [Forfeiture  of  vessels  for  violation  of  provisions  of  act.] 

SEC.  11.  That  any  person  who  shall  knowingly  bring  into  or 
cause  to  be  brought  into  the  United  States  by  land,  or  who  shall 
knowingly  aid  or  abet  the  same,  or  aid  or  abet  the  landing  in  the 
United  States  from  any  vessel  of  any  Chinese  person  not  lawfully 
entitled  to  enter  the  United  States,shall  be  deemed  guilty  of  a  mis 
demeanor,  and  shall,  on  conviction  thereof,  be  fined  in  a  sum  not 
exceeding  one  thousand  dollars,  and  imprisoned  for  a  term  not 
exceeding  one  year. 

SEC.  12.  That  no  Chinese  person  shall  be  permitted  to  enter 
the  United  States  by  land  without  producing  to  the  proper  officer 
of  customs  the  certificate  in  this  act  required  of  Chinese  persons 
seeking  to  land  from  a  vessel.  And  any  Chinese  person  found 
unlawfully  within  the  United  States  shall  be  caused  to  be  removed 
therefrom  to  the  country  from  whence  he  came,  by  direction  of 
the  President  of  the  United  States,  and  at  the  cost  of  the  United 
States,  after  being  brought  before  some  justice,  judge,  or  commis 
sioner  of  a  court  of  the  United  States  and  found  to  be  one  not 
lawfully  entitled  to  be  or  remain  in  the  United  States. 

SEC.  13.  That  this  act  shall  not  apply  to  diplomatic  and  other 
officers  of  the  Chinese  Government  traveling  upon  the  business  of 
that  government,  whose  credentials  shall  be  taken  as  equivalent  to 
the  certificate  in  this  act  mentioned,  and  shall  exempt  them  and 
their  body  and  household  servants  from  the  provisions  of  this  act 
as  to  other  Chinese  persons. 


328  NATIONAL  BANK  CIRCULATION  [July  12 

SEC.  14.  That  hereafter  no  State  court  or  court  of  the  United 
States  shall  admit  Chinese  to  citizenship ;  and  all  laws  in  conflict 
with  this  act  are  hereby  repealed. 

SEC.  15.  That  the  words,  "  Chinese  laborers,"  wherever  used  in 
this  act,  shall  be  construed  to  mean  both  skilled  and  unskilled 
laborers  and  Chinese  employed  in  mining. 

APPROVED,  May  6,  1882. 


No.   1 08.     National  Bank   Circulation,   Bonds, 
and  Gold  Certificates 

July  12,  1882 

A  BILL  "  to  enable  national  banking  associations  to  extend  their  corporate 
existence  "  was  introduced  in  the  House,  January  9,  1882,  by  W.  W.  Crapo  of 
Massachusetts,  and  referred  to  the  Committee  on  Banking  and  Currency.  A 
substitute  was  reported  by  the  committee  February  7.  The  bill  was  not  taken 
up  until  May  13.  The  House  added  various  amendments,  among  them  the 
provision  for  the  issue  of  three  per  cent  bonds,  being  the  substance  of  a  bill 
which  passed  the  Senate  December  5,  and  the  proviso  limiting  the  circula 
tion  of  a  bank  to  ninety  per  cent  of  the  par  value  of  the  bonds  deposited  as 
security,  the  vote  on  this  last  amendment  being  109  to  81,  101  not  voting. 
May  19  the  bill  passed  the  House  by  a  vote  of  125  to  67,  99  not  voting.  The 
bill  with  amendments  passed  the  Senate  June  22,  the  vote  being  34  to  13.  A 
conference  committee  settled  the  final  form  of  the  bill.  The  report  of  the 
committee  was  agreed  to  by  the  House  July  10  by  a  vote  of  109  to  79,  102 
not  voting,  and  by  the  Senate  the  following  day  without  a  division. 

REFERENCES.  —  Text  YD.  U.S.  Statutes  at  Large,  XXII,  162-166.  For  the 
proceedings  see  the  House  and  Senate  Journals,  47th  Cong.,  1st  Sess.,  and 
the  Cong.  Record.  The  bill  formed  the  principal  subject  of  debate  during  the 
period  in  which  it  was  considered.  The  text  of  the  House  bill,  with  the 
proposed  amendments  and  substitutes,  is  in  the  Record  for  May  13  ;  see  also 
Crapo's  remarks.  An  amended  text,  showing  the  bill  in  process,  is  in  ibid., 
May  1 8. 

An  act   to  enable  national-banking  associations  to  extend  their   corporate 
existence,  and  for  other  purposes. 

[Sections  1-7  relate  to  the  extension  for  not  more  than  twenty 
years  of  the  corporate  existence  of  national  banking  associations, 


1882]  NATIONAL  BANK  CIRCULATION  329 

the  redemption  and  destruction  of  certain  circulating  notes  in 
such  cases,  &c.] 

SEC.  8.  That  national  banks  now  organized  or  hereafter  organ 
ized,  having  a  capital  of  one  hundred  and  fifty  thousand  dollars, 
or  less,  shall  not  be  required  to  keep  on  deposit  or  deposit  with 
the  Treasurer  of  the  United  States  United  States  bonds  in  excess 
of  one-fourth  of  their  capital  stock  as  security  for  their  circulating 
notes ;  but  such  banks  shall  keep  on  deposit  or  deposit  with  the 
Treasurer  of  the  United  States  the  amount  of  bonds  as  herein 
required.  And  such  of  those  banks  having  on  deposit  bonds  in 
excess  of  that  amount  are  authorized  to  reduce  their  circulation 
by  the  deposit  of  lawful  money  as  provided  by  law ;  Provided, 
That  the  amount  of  such  circulating  notes  shall  not  in  any  case 
exceed  ninety  per  centum  of  the  par  value  of  the  bonds  deposited 
as  herein  provided :  Provided  further y  That  the  national  banks 
which  shall  hereafter  make  deposits  of  lawful  money  for  the  retire 
ment  in  full  of  their  circulation  shall  at  the  time  of  their  deposit 
be  assessed  for  the  cost  of  transporting  and  redeeming  their  notes 
then  outstanding,  a  sum  equal  to  the  average  cost  of  the  redemp 
tion  of  national-bank  notes  during  the  preceding  year,  and  shall 
thereupon  pay  such  assessment.  And  all  national  banks  which 
have  heretofore  made  or  shall  hereafter  make  deposits  of  lawful 
money  for  the  reduction  of  their  circulation  shall  be  assessed  and 
shall  pay  an  assessment  in  the  manner  specified  in  section  three 
of  the  act  approved  June  twentieth,  eighteen  hundred  and  seventy- 
four,  for  the  cost  of  transporting  and  redeeming  their  notes  re 
deemed  from  such  deposits  subsequently  to  June  thirtieth,  eigh 
teen  hundred  and  eighty-one. 

SEC.  9.  That  any  national  banking  association  now  organized, 
or  hereafter  organized,  desiring  to  withdraw  its  circulating  notes, 
upon  a  deposit  of  lawful  money  with  the  Treasurer  of  the  United 
States,  as  provided  in  section  four  of  the  act  of  June  twentieth, 
eighteen  hundred  and  seventy-four,  entitled  "An  act  fixing  the 
amount  of  United  States  notes,  providing  for  a  redistribution  of 
national-bank  currency,  and  for  other  purposes,"  or  as  provided 
in  this  act,  is  authorized  to  deposit  lawful  money  and  withdraw 


33O  NATIONAL  BANK  CIRCULATION  [July  12 

a  proportionate  amount  of  the  bonds  held  as  security  for  its 
circulating  notes  in  the  order  of  such  deposits ;  and  no  national 
bank  which  makes  any  deposit  of  lawful  money  in  order  to  with 
draw  its  circulating  notes  shall  be  entitled  to  receive  any  increase 
of  its  circulation  for  the  period  of  six  months  from  the  time  it 
made  such  deposit  of  lawful  money  for  the  purpose  aforesaid : 
Provided,  That  not  more  than  three  millions  of  dollars  of  lawful 
money  shall  be  deposited  during  any  calendar  month  for  this 
purpose :  And  provided  further,  That  the  provisions  of  this  sec 
tion  shall  not  apply  to  bonds  called  for  redemption  by  the 
Secretary  of  the  Treasury,  nor  to  the  withdrawal  of  circulating 
notes  in  consequence  thereof. 

SEC.  10.  That  upon  a  deposit  of  bonds  as  described  by  sec 
tions  fifty-one  hundred  and  fifty-nine  and  fifty-one  hundred  and 
sixty,  except  as  modified  by  section  four  of  ...  [the  act  of  June 
20,  1874]  .  .  .,  and  as  modified  by  section  eight,  of  this  act,  the 
association  making  the  same  shall  be  entitled  to  receive  from  the 
Comptroller  of  the  Currency  circulating  notes  of  different  denomi 
nations,  in  blank,  registered  and  countersigned  as  provided  by 
law,  equal  in  amount  to  ninety  per  centum  of  the  current  market 
value,  not  exceeding  par,  of  the  United  States  bonds  so  transferred 
and  delivered,  and  at  no  time  shall  the  total  amount  of  such  notes 
issued  to  any  such  association  exceed  ninety  per  centum  of  the 
amount  at  such  time  actually  paid  in  of  its  capital  stock ;  and  the 
provisions  of  sections  fifty-one  hundred  and  seventy-one  and 
fifty-one  hundred  and  seventy-six  of  the  Revised  Statutes  are 
hereby  repealed. 

SEC.  ii.  That  the  Secretary  of  the  Treasury  is  hereby  author 
ized  to  receive  at  the  Treasury  any  bonds  of  the  United  States 
bearing  three  and  a  half  per  centum  interest,  and  to  issue  in 
exchange  therefor  an  equal  amount  of  registered  bonds  of  the 
United  States  of  the  denominations  of  fifty,  one  hundred,  five 
hundred,  one  thousand,  and  ten  thousand  dollars,  of  such  form  as 
he  may  prescribe,  bearing  interest  at  the  rate  of  three  per  centum 
per  annum,  payable  quarterly  at  the  Treasury  of  the  United  States. 
Such  bonds  shall  be  exempt  from  all  taxation  by  or  under  State 


i882j  NATIONAL  BANK  CIRCULATION  331 

authority,  and  be  payable  at  the  pleasure  of  the  United  States : 
Provided,  That  the  bonds  herein  authorized  shall  not  be  called  in 
and  paid  so  long  as  any  bonds  of  the  United  States  heretofore 
issued  bearing  a  higher  rate  of  interest  than  three  per  centum,  and 
which  shall  be  redeemable  at  the  pleasure  of  the  United  States, 
shall  be  outstanding  and  uncalled.  The  last  of  the  said  bonds 
originally  issued  under  this  act,  and  their  substitutes,  shall  be  first 
called  in,  and  this  order  of  payment  shall  be  followed  until  all 
shall  have  been  paid. 

"SEC.  12.  That  the  Secretary  of  the  Treasury  is  authorized  and 
directed  to  receive  deposits  of  gold  coin  with  the  Treasurer  or 
assistant  treasurers  of  the  United  States,  in  sums  not  less  than 
twenty  dollars,  and  to  issue  certificates  therefor  in  denominations 
of  not  less  than  twenty  dollars  each,  corresponding  with  the  de 
nominations  of  United  States  notes.  The  coin  deposited  for  or 
representing  the  certificates  of  deposits  shall  be  retained  in  the 
Treasury  for  the  payment  of  the  same  on  demand.  Said  certifi 
cates  shall  be  receivable  for  customs,  taxes,  and  all  public  dues, 
and  when  so  received  may  be  reissued ;  and  such  certificates,  as 
also  silver  certificates,  when  held  by  any  national-banking  associa 
tion,  shall  be  counted  as  part  of  its  lawful  reserve  ;  and  no  national- 
banking  association  shall  be  a  member  of  any  clearing-house  in 
which  such  certificates  shall  not  be  receivable  in  the  settlement 
of  clearing-house  balances  :  Provided,  That  the  Secretary  of  the 
Treasury  shall  suspend  the  issue  of  such  gold  certificates  whenever 
the  amount  of  gold  coin  and  gold  bullion  in  the  Treasury  reserved 
for  the  redemption  of  United  States  notes  falls  below  one  hundred 
millions  of  dollars ;  and  the  provisions  of  section  fifty-two  hundred 
and  seven  of  the  Revised  Statutes  shall  be  applicable  to  the  cer 
tificates  herein  authorized  and  directed  to  be  issued. 

SEC.  13.    [Penalty  for  falsely  certifying  checks.] 

SEC.  14.  That  Congress  may  at  any  time  amend,  alter,  or  re 
peal  this  act  and  the  acts  of  which  this  is  amendatory. 

APPROVED,  July  12,  1882. 


332  CIVIL  SERVICE  ACT  [Jan.  16 

No.  109.     Civil    Service    Act 

January  16,  1883 

IN  his  annual  message  of  December  5,  1870,  President  Grant  urged  the 
attention  of  Congress  to  "  a  reform  in  the  civil  service  of  the  country."  In 
accordance  with  this  recommendation,  the  sundry  civil  appropriation  act  of 
March  3,  1871,  authorized  the  President  to  prescribe  regulations  for  admis 
sion  to  the  civil  service.  A  civil  service  commission  was  appointed,  and  for 
two  years  appropriations  were  made  for  its  support.  The  continuance  of  the 
appropriations  was  urged  by  Grant,  and  again  by  President  Hayes  in  his  an 
nual  messages  of  1879  and  1880,  but  without  inducing  congressional  action. 
The  assassination  of  President  Garfield  called  public  attention  forcibly  to  the 
evils  of  the  existing  system  of  appointment  and  removal,  and  the  annual  mes 
sage  of  President  Arthur,  December  6,  1881,  brought  the  subject  of  civil 
service  reform  strongly  before  Congress.  A  bill  "to  regulate  and  improve 
the  civil  service"  was  introduced  in  the  Senate,  December  6,  1881,  by  George 
H.  Pendleton  of  Ohio,  and  on  January  n,  1882,  was  referred,  together  with 
a  bill  "  to  prevent  extortion  from  persons  in  the  public  service,  and  bribery 
and  coercion  by  such  persons,"  to  the  Committee  on  the  Civil  Service  and 
Retrenchment.  The  bill  was  reported  with  amendments  March  29,  the  com 
mittee  report  to  accompany  it  not  being  submitted  until  May  15.  The 
session  closed  without  further  action.  The  Pendleton  bill  was  taken  up 
December  II  and  formed  the  principal  subject  of  debate  until  the  27th, 
when,  with  various  amendments,  it  passed  the  Senate  by  a  vote  of  38  to  5, 
33  not  voting.  The  bill  was  reported  in  the  House  without  amendment  Jan 
uary  4,  1883,  read  three  times  and  passed,  the  final  vote  being  155  to  46,  88 
not  voting. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXII,  403-407.  For  the 
proceedings  see  the  House  and  Senate  Journals,  47th  Cong.,  1st  and  2d  Sess., 
and  the  Cong.  Record.  Pendleton's  report  of  May  15  is  Senate  Report  576. 
The  annual  reports  of  the  Civil  Service  Commission  are  the  primary  authori 
ties  on  the  operation  of  the  act ;  see  also  the  Proceedings  of  the  National  Civil 
Service  Reform  League.  The  pamphlet  and  periodical  literature  is  extensive. 
On  the  earlier  history  of  the  movement  see  House  Report  47,  4Oth  Cong.,  2d 
Sess.  (Jenckes's  report)  ;  Senate  Exec.  Doc.  10,  42d  Cong.,  2d  Sess.,  and 
Senate  Exec.  Doc.  33  (same  in  House  Exec.  Doc.  221},  43d  Cong.,  ist  Sess. 
(commission  reports) ;  Senate  Report  289,  44th  Cong.,  ist  Sess.  (Boutwell's 
report)  ;  House  Exec.  Doc.  /,  Part  I,  46th  Cong.,  2d  Sess.  (Eaton's  report)  ; 
House  Exec.  Doc.  i,  Part  8,  ibid.,  and  House  Exec.  Doc.  94,  46th  Cong.,  3d 
Sess.  (New  York  regulations)  ;  Senate  Report  872,  46th  Cong.,  3d  Sess. 
(Pendleton's  report).  See  also  Senate  Report  2373,  5Oth  Cong.,  ist  Sess. 


1883]  CIVIL  SERVICE  ACT  333 

An  act  to  regulate  and  improve  the  civil  service  of  the  United  States. 

Be  it  enacted  .  .  .,  That  the  President  is  authorized  to  appoint, 
by  and  with  the  advice  and  consent  of  the  Senate,  three  persons, 
not  more  than  two  of  whom  shall  be  adherents  of  the  same  party, 
as  Civil  Service  Commissioners,  and  said  three  commissioners 
shall  constitute  the  United  States  Civil  Service  Commission.  Said 
commissioners  shall  hold  no  other  official  place  under  the  United 
States. 

The  President  may  remove  any  commissioner ;  and  any  vacancy 
in  the  position  of  commissioner  shall  be  so  filled  by  the  President, 
by  and  with  the  advice  and  consent  of  the  Senate,  as  to  conform 
to  said  conditions  for  the  first  selection  of  commissioners. 
******* 

SEC.  2.   That  it  shall  be  the  duty  of  said  commissioners : 

FIRST.  To  aid  the  President,  as  he  may  request,  in  preparing 
suitable  rules  for  carrying  this  act  into  effect,  and  when  said  rules 
shall  have  been  promulgated  it  shall  be  the  duty  of  all  officers 
of  the  United  States  in  the  departments  and  offices  to  which  any 
such  rules  may  relate  to  aid,  in  all  proper  ways,  in  carrying  said 
rules,  and  any  modifications  thereof,  into  effect. 

SECOND.  And,  among  other  things,  said  rules  shall  provide  and 
declare,  as  nearly  as  the  conditions  of  good  administration  will 
warrant,  as  follows  : 

First,  for  open,  competitive  examinations  for  testing  the  fitness 
of  applicants  for  the  public  service  now  classified  or  to  be  classi 
fied  hereunder.  Such  examinations  shall  be  practical  in  their 
character,  and  so  far  as  may  be  shall  relate  to  those  matters  which 
will  fairly  test  the  relative  capacity  and  fitness  of  the  persons 
examined  to  discharge  the  duties  of  the  service  into  which  they 
seek  to  be  appointed. 

Second,  that  all  the  offices,  places,  and  employments  so  arranged 
or  to  be  arranged  in  classes  shall  be  filled  by  selections  according 
to  grade  from  among  those  graded  highest  as  the  results  of  such 
competitive  examinations. 

Third,  appointments  to  the  public  service  aforesaid  in  the  de- 


334  CIVIL  SERVICE  ACT  [Jan.  16 

partments  at  Washington  shall  be  apportioned  among  the  several 
States  and  Territories  and  the  District  of  Columbia  upon  the 
basis  of  population  as  ascertained  at  the  last  preceding  census. 
Every  application  for  an  examination  shall  contain,  among  other 
things,  a  statement,  under  oath,  setting  forth  his  or  her  actual 
bona  fide  residence  at  the  time  of  making  the  application,  as  well 
as  how  long  he  or  she  has  been  a  resident  of  such  place. 

Fourth,  that  there  shall  be  a  period  of  probation  before  any 
absolute  appointment  or  employment  aforesaid. 

Fifth,  that  no  person  in  the  public  service  is  for  that  reason 
under  any  obligations  to  contribute  to  any  political  fund,  or  to 
render  any  political  service,  and  that  he  will  not  be  removed  or 
otherwise  prejudiced  for  refusing  to  do  so. 

Sixth,  that  no  person  in  said  service  has  any  right  to  use  his 
official  authority  or  influence  to  coerce  the  political  action  of 
any  person  or  body. 

Seventh,  there  shall  be  non-competitive  examinations  in  all 
proper  cases  before  the  commission,  when  competent  persons  do 
not  compete,  after  notice  has  been  given  of  the  existence  of  the 
vacancy,  under  such  rules  as  may  be  prescribed  by  the  commis 
sioners  as  to  the  manner  of  giving  notice. 

Eighth,  that  notice  shall  be  given  in  writing  by  the  appointing 
power  to  said  commission  of  the  persons  selected  for  appointment 
or  employment  from  among  those  who  have  been  examined,  of 
the  place  of  residence  of  such  persons,  of  the  rejection  of  any 
such  persons  after  probation,  of  transfers,  resignations,  and  re 
movals,  and  of  the  date  thereof,  and  a  record  of  the  same  shall 
be  kept  by  said  commission.  And  any  necessary  exceptions 
from  said  eight  fundamental  provisions  of  the  rules  shall  be  set 
forth  in  connection  with  such  rules,  and  the  reasons  therefor  shall 
be  stated  in  the  annual  reports  of  the  commission. 

THIRD.  Said  commission  shall,  subject  to  the  rules  that  may  be 
made  by  the  President,  make  regulations  for,  and  have  control  of, 
such  examinations,  and,  through  its  members  or  the  examiners, 
it  shall  supervise  and  preserve  the  records  of  the  same ;  and  said 
commission  shall  keep  minutes  of  its  own  proceedings. 


1 883]  CIVIL  SERVICE  ACT  335 

FOURTH.  Said  commission  may  make  investigations  concerning 
the  facts,  and  may  report  upon  all  matters  touching  the  enforce 
ment  and  effects  of  said  rules  and  regulations,  and  concerning 
the  action  of  any  examiner  or  board  of  examiners  hereinafter 
provided  for,  and  its  own  subordinates,  and  those  in  the  public 
service,  in  respect  to  the  execution  of  this  act. 

FIFTH.  Said  commission  shall  make  an  annual  report  to  the 
President  for  transmission  to  Congress,  showing  its  own  action, 
the  rules  and  regulations  and  the  exceptions  thereto  in  force, 
the  practical  effects  thereof,  and  any  suggestions  it  may  approve 
for  the  more  effectual  accomplishment  of  the  purposes  of  this 
act. 

SEC.  3.  That  said  commission  is  authorized  to  employ  a  chief 
examiner,  a  part  of  whose  duty  it  shall  be,  under  its  direction,  to 
act  with  the  examining  boards,  so  far  as  practicable,  whether  at 
Washington  or  elsewhere,  and  to  secure  accuracy,  uniformity,  and 
justice  in  all  their  proceedings,  which  shall  be  at  all  times  open 
to  him.  .  .  .  The  commission  shall  have  a  secretary,  to  be 
appointed  by  the  President.  ...  It  may,  when  necessary,  em 
ploy  a  stenographer,  and  a  messenger.  .  .  .  The  commission 
shall,  at  Washington,  and  in  one  or  more  places  in  each  State 
and  Territory  where  examinations  are  to  take  place,  designate 
and  select  a  suitable  number  of  persons,  not  less  than  three,  in 
the  official  service  of  the  United  States,  residing  in  said  State  or 
Territory,  after  consulting  the  head  of  the  department  or  office 
in  which  such  persons  serve,  to  be  members  of  boards  of  ex 
aminers,  and  may  at  any  time  substitute  any  other  person  in  said 
service  living  in  such  State  or  Territory  in  the  place  of  any  one 
so  selected.  Such  boards  of  examiners  shall  be  so  located  as  to 
make  it  reasonably  convenient  and  inexpensive  for  applicants  to 
attend  before  them ;  and  where  there  are  persons  to  be  examined 
in  any  State  or  Territory,  examinations  shall  be  held  therein  at 
least  twice  in  each  year.  It  shall  be  the  duty  of  the  collector, 
postmaster,  and  other  officers  of  the  United  States,  at  any  place 
outside  of  the  District  of  Columbia  where  examinations  are 
directed  by  the  President  or  by  said  board  to  be  held,  to  allow 


336  CIVIL  SERVICE  ACT  [Jan.  16 

the  reasonable  use  of  the  public  buildings  for  holding  such  ex 
aminations,  and  in  all  proper  ways  to  facilitate  the  same. 
******* 

SEC.  5.  That  any  said  commissioner,  examiner,  copyist,  or  mes 
senger,  or  any  person  in  the  public  service  who  shall  willfully  and 
corruptly,  by  himself  or  in  co-operation  with  one  or  more  other 
persons,  defeat,  deceive,  or  obstruct  any  person  in  respect  of  his 
or  her  right  of  examination  according  to  any  such  rules  or  regula 
tions,  or  who  shall  willfully,  corruptly,  and  falsely  mark,  grade, 
estimate,  or  report  upon  the  examination  or  proper  standing  of 
any  person  examined  hereunder,  or  aid  in  so  doing,  or  who  shall 
willfully  and  corruptly  make  any  false  representations  concerning 
the  same  or  concerning  the  person  examined,  or  who  shall  willfully 
and  corruptly  furnish  to  any  person  any  special  or  secret  infor 
mation  for  the  purpose  of  either  improving  or  injuring  the  pros 
pects  or  chances  of  any  person  so  examined,  or  to  be  examined, 
being  appointed,  employed,  or  promoted,  shall  for  each  such 
offense  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars,  nor  more  than  cne  thousand  dollars,  or  by  imprisonment 
not  less  than  ten  days,  nor  more  than  one  year,  or  by  both  such 
fine  and  imprisonment. 

SEC.  6.  That  within  sixty  days  after  the  passage  of  this  act  it 
shall  be  the  duty  of  the  Secretary  of  the  Treasury,  in  as  near  con 
formity  as  may  be  to  the  classification  of  certain  clerks  now  exist 
ing  under  the  one  hundred  and  sixty- third  section  of  the  Revised 
Statutes,  to  arrange  in  classes  the  several  clerks  and  persons  em 
ployed  by  the  collector,  naval  officer,  surveyor,  and  appraisers,  or 
either  of  them,  or  being  in  the  public  service,  at  their  respective 
offices  in  each  customs  district  where  the  whole  number  of  said 
clerks  and  persons  shall  be  all  together  as  many  as  fifty.  And 
thereafter,  from  time  to  time,  on  the  direction  of  the  President, 
said  Secretary  shall  make  the  like  classification  or  arrangement  of 
clerks  and  persons  so  employed,  in  connection  with  any  said  office 
or  offices,  in  any  other  customs  district.  And,  upon  like  request, 
and  for  the  purposes  of  this  act,  said  Secretary  shall  arrange  in 


1883]  CIVIL  SERVICE  ACT  337 

one  or  more  of  said  classes,  or  of  existing  classes,  any  other  clerks, 
agents,  or  persons  employed  under  his  department  in  any  said 
district  not  now  classified;  and  every  such  arrangement  and 
classification  upon  being  made  shall  be  reported  to  the  President. 

Second.  Within  said  sixty  days  it  shall  be  the  duty  of  the  Post 
master-General,  in  general  conformity  to  said  one  hundred  and 
sixty- third  section,  to  separately  arrange  in  classes  the  several 
clerks  and  persons  employed,  or  in  the  public  service,  at  each 
post-office,  or  under  any  postmaster  of  the  United  States,  where 
the  whole  number  of  said  clerks  and  persons  shall  together  amount 
to  as  many  as  fifty.  And  thereafter,  from  time  to  time,  on  the 
direction  of  the  President,  it  shall  be  the  duty  of  the  Postmaster- 
General  to  arrange  in  like  classes  the  clerks  and  persons  so  em 
ployed  in  the  postal  service  in  connection  with  any  other  post-office ; 
and  every  such  arrangement  and  classification  upon  being  made 
shall  be  reported  to  the  President. 

Third.  That  from  time  to  time  said  Secretary,  the  Postmaster- 
General,  and  each  of  the  heads  of  departments  mentioned  in  the 
one  hundred  and  fifty-eighth  section  of  the  Revised  Statutes,  and 
each  head  of  an  office,  shall,  on  the  direction  of  the  President? 
and  for  facilitating  the  execution  of  this  act,  respectively  revise 
any  then  existing  classification  or  arrangement  of  those  in  their 
respective  departments  and  offices,  and  shall,  for  the  purposes  of 
the  examination  herein  provided  for,  include  in  one  or  more  of 
such  classes,  so  far  as  practicable,  subordinate  places,  clerks,  and 
officers  in  the  public  service  pertaining  to  their  respective  depart 
ments  not  before  classified  for  examination. 

SEC.  7.  That  after  the  expiration  of  six  months  from  the  pas 
sage  of  this  act  no  officer  or  clerk  shall  be  appointed,  and  no  per 
son  shall  be  employed  to  enter  or  be  promoted  in  either  of  the 
said  classes  now  existing,  or  that  may  be  arranged  hereunder  pur 
suant  to  said  rules,  until  he  has  passed  an  examination,  or  is  shown 
to  be  specially  exempted  from  such  examination  in  conformity 
herewith.  But  nothing  herein  contained  shall  be  construed  to 
take  from  those  honorably  discharged  from  the  military  or  naval 
service  any  preference  conferred  by  the  seventeen  hundred  and 


338  CIVIL   SERVICE  ACT  [Jan.  16 

fifty-fourth  section  of  the  Revised  Statutes,  nor  to  take  from  the 
President  any  authority  not  inconsistent  with  this  act  conferred 
by  the  seventeen  hundred  and  fifty-third  section  of  said  statutes ; 
nor  shall  any  officer  not  in  the  executive  branch  of  the  govern 
ment,  or  any  person  merely  employed  as  a  laborer  or  workman, 
be  required  to  be  classified  hereunder ;  nor,  unless  by  direction  of 
the  Senate,  shall  any  person  who  has  been  nominated  for  confir 
mation  by  the  Senate  be  required  to  be  classified  or  to  pass  an 
examination. 

SEC.  8.  That  no  person  habitually  using  intoxicating  beverages 
to  excess  shall  be  appointed  to,  or  retained  in,  any  office,  appoint 
ment,  or  employment  to  which  the  provisions  of  this  act  are 
applicable. 

SEC.  9.  That  whenever  there  are  already  two  or  more  members 
of  a  family  in  the  public  service  in  the  grades  covered  by  this  act, 
no  other  member  of  such  family  shall  be  eligible  to  appointment 
to  any  of  said  grades. 

SEC.  10.  That  no  recommendation  of  any  person  who  shall 
apply  for  office  or  place  under  the  provisions  of  this  act  which 
may  be  given  by  any  Senator  or  member  of  the  House  of  Repre 
sentatives,  except  as  to  the  character  or  residence  of  the  applicant, 
shall  be  received  or  considered  by  any  person  concerned  in  making 
any  examination  or  appointment  under  this  act. 

SEC.  ii.  That  no  Senator,  or  Representative,  or  Territorial 
Delegate  of  the  Congress,  or  Senator,  Representative,  or  Dele 
gate  elect,  or  any  officer  or  employee  of  either  of  said  houses, 
and  no  executive,  judicial,  military,  or  naval  officer  of  the  United 
States,  and  no  clerk  or  employee  of  any  department,  branch  or 
bureau  of  the  executive,  judicial,  or  military  or  naval  service  of 
the  United  States,  shall,  directly  or  indirectly,  solicit  or  receive, 
or  be  in  any  manner  concerned  in  soliciting  or  receiving,  any 
assessment,  subscription,  or  contribution  for  any  political  purpose 
whatever,  from  any  officer,  clerk,  or  employee  of  the  United 
States,  or  any  department,  branch,  or  bureau  thereof,  or  from  any 
person  receiving  any  salary  or  compensation  from  moneys  derived 
from  the  Treasury  of  the  United  States. 


1883]  CONTRACT  LABOR  ACT  339 

SEC.  12.  That  no  person  shall,  in  any  room  or  building  occu 
pied  in  the  discharge  of  official  duties  by  any  officer  or  employee 
of  the  United  States  mentioned  in  this  act,  or  in  any  navy-yard, 
fort,  or  arsenal,  solicit  in  any  manner  whatever,  or  receive  any  con 
tribution  of  money  or  any  other  thing  of  value  for  any  political 
purpose  whatever. 

SEC.  13.  No  officer  or  employee  of  the  United  States  mentioned 
in  this  act  shall  discharge,  or  promote,  or  degrade,  or  in  [any] 
manner  change  the  official  rank  or  compensation  of  any  other 
officer  or  employee,  or  promise  or  threaten  so  to  do,  for  giving  or 
withholding  or  neglecting  to  make  any  contribution  of  money  or 
other  valuable  thing  for  any  political  purpose. 

SEC.  14.  That  no  officer,  clerk,  or  other  person  in  the  service 
of  the  United  States  shall,  directly  or  indirectly,  give  or  hand  over 
to  any  other  officer,  clerk,  or  person  in  the  service  of  the  United 
States,  or  to  any  Senator  or  Member  of  the  House  of  Represen 
tatives,  or  Territorial  Delegate,  any  money  or  other  valuable  thing 
on  account  of  or  to  be  applied  to  the  promotion  of  any  political 
object  whatever. 

SEC.  15.  That  any  person  who  shall  be  guilty  of  violating  any 
provision  of  the  four  foregoing  sections  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall,  on  conviction  thereof,  be  punished  by  a 
fine  not  exceeding  five  thousand  dollars,  or  by  imprisonment  for  a 
term  not  exceeding  three  years,  or  by  such  fine  and  imprisonment 
both,  in  the  discretion  of  the  court. 

APPROVED,  January  sixteenth,  1883. 


No.  110.      Contract  Labor  Act 

February  26,  1885 

A  BILL  to  prohibit  the  entrance  into  the  United  States  of  contract  laborers 
was  introduced  in  the  House,  January  8,  1884,  by  Martin  A.  Foran  of  Ohio, 
and  referred  to  the  Committee  on  Labor.  February  23  the  bill  was  reported 
with  amendments.  The  bill  was  not  taken  up  until  June  19;  the  same  day 
it  passed  the  House  without  a  division.  June  28  the  bill  was  reported  with- 


340  CONTRACT  LABOR  ACT          [Feb.  26 

out  amendment  in  the  Senate,  but  the  session  closed  without  further  action. 
February  13,  1885,  consideration  of  the  bill  was  resumed,  and  on  the  i8th  the 
bill  with  various  amendments  passed  the  Senate,  the  vote  being  50  to  9.  On 
the  23d  the  House  concurred  in  the  Senate  amendments.  An  amendatory 
act  of  February  23,  1887,  authorized  the  Secretary  of  the  Treasury  to  make 
contracts  with  State  officers  to  take  charge  of  immigration  at  local  ports, 
and  required  prohibited  persons  to  be  sent  back  at  the  expense  of  the  owners 
of  the  vessels  in  which  they  came.  The  deficiencies  appropriation  act  of 
October  19,  1888,  amended  the  act  of  February  23,  1887,  so  as  "to  authorize 
the  Secretary  of  the  Treasury,  in  case  he  shall  be  satisfied  that  an  immigrant 
has  been  allowed  to  land  contrary  to  the  prohibition  of  that  law,  to  cause 
such  immigrant  within  the  period  of  one  year  after  landing  or  entry,  to  be 
taken  into  custody  and  returned  to  the  country  from  whence  he  came,  at  the 
expense  of  the  owner  of  the  importing  vessel,  or,  if  he  entered  from  an  ad 
joining  country,  at  the  expense  of  the  person  previously  contracting  for  the 
services." 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXIII,  332,  333.  For  the 
proceedings  see  the  House  and  Senate  Journals,  48th  Cong.,  1st  and  2d  Sess., 
and  the  Cong.  Record.  The  text  of  the  amended  House  bill  is  in  the  Record, 
June  19.  The  report  submitted  February  23  is  House  Report  444;  the  report 
of  June  28  is  Senate  Report  820.  See  also  House  Exec.  Doc.  396  and  House 
Misc.  Doc.  572,  50th  Cong.,  ist  Sess.  ;  Senate  Report  7^7,  52d  Cong.,  1st 
Sess. 

An  act  to  prohibit  the  importation  and  migrationt>f  foreigners  and  aliens  under 
contract  or  agreement  to  perform  labor  in  the  United  States,  its  Territories, 
and  the  District  of  Columbia. 

Be  it  enacted  .  .  .,  That  from  and  after  the  passage  of  this  act 
it  shall  be  unlawful  for  any  person,  company,  partnership,  or  cor 
poration,  in  any  manner  whatsoever,  to  prepay  the  transportation, 
or  in  any  way  assist  or  encourage  the  importation  or  migration  of 
any  alien  or  aliens,  any  foreigner  or  foreigners,  into  the  United 
States,  its  Territories,  or  the  District  of  Columbia,  under  contract 
or  agreement,  parol  or  special,  express  or  implied,  made  previous 
to  the  importation  or  migration  of  such  alien  or  aliens,  foreigner 
or  foreigners,  to  perform  labor  or  service  of  any  kind  in  the  United 
States,  its  Territories,  or  the  District  of  Columbia. 

SEC.  2.  That  all  contracts  or  agreements,  express  or  implied, 
parol  or  special,  which  may  hereafter  be  made  by  and  between 
any  person,  company,  partnership,  or  corporation,  and  any 


1885]  CONTRACT  LABOR  ACT  341 

foreigner  or  foreigners,  alien  or  aliens,  to  perform  labor  or  ser 
vice  or  having  reference  to  the  performance  of  labor  or  service  by 
any  person  in  the  United  States,  its  Territories,  or  the  District  of 
Columbia  previous  to  the  migration  or  importation  of  the  person 
or  persons  whose  labor  or  service  is  contracted  for  into  the  United 
States,  shall  be  utterly  void  and  of  no  effect. 

SEC.  3.  That  for  every  violation  of  any  of  the  provisions  of  sec 
tion  one  of  this  act  the  person,  partnership,  company,  or  corpora 
tion  violating  the  same,  by  knowingly  assisting,  encouraging  or 
soliciting  the  migration  or  importation  of  any  alien  or  aliens,  for 
eigner  or  foreigners,  into  the  United  States,  its  Territories,  or  the 
District  of  Columbia,  to  perform  labor  or  service  of  any  kind 
under  contract  or  agreement,  express  or  implied,  parol  or  special, 
with  such  alien  or  aliens,  foreigner  or  foreigners,  previous  to  be 
coming  residents  or  citizens  of  the  United  States,  shall  forfeit  and 
pay  for  every  such  offence  the  sum  of  one  thousand  dollars,  which 
may  be  sued  for  and  recovered  by  the  United  States  or  by  any 
person  who  shall  first  bring  his  action  therefor  including  any  such 
alien  or  foreigner  who  may  be  a  party  to  any  such  contract  or 
agreement,  as  debts  of  like  amount  are  now  recovered  in  the  cir 
cuit  courts  of  the  United  States ;  the  proceeds  to  be  paid  into  the 
Treasury  of  the  United  States ;  and  separate  suits  may  be  brought 
for  each  alien  or  foreigner  being  a  party  to  such  contract  or  agree 
ment  aforesaid.  And  it  shall  be  the  duty  of  the  district  attorney 
of  the  proper  district  to  prosecute  every  such  suit  at  the  expense 
of  the  United  States. 

SEC.  4.  [Master  of  vessel,  knowingly  bringing  such  emigrant 
laborer,  guilty  of  misdemeanor,  punishable  by  fine  or  imprison 
ment.] 

SEC.  5.  That  nothing  in  this  act  shall  be  so  construed  as  to 
prevent  any  citizen  or  subject  of  any  foreign  country  temporarily 
residing  in  the  United  States,  either  in  private  or  official  capacity, 
from  engaging,  under  contract  or  otherwise,  persons  not  residents 
or  citizens  of  the  United  States  to  act  as  private  secretaries,  ser 
vants,  or  domestics  for  such  foreigner  temporarily  residing  in  the 
United  States  as  aforesaid ;  nor  shall  this  act  be  so  construed  as 


342  PRESIDENTIAL  SUCCESSION  ACT  [Jan.  19 

to  prevent  any  person,  or  persons,  partnership,  or  corporation 
from  engaging,  under  contract  or  agreement,  skilled  workmen  in 
foreign  countries  to  perform  labor  in  the  United  States  in  or  upon 
any  new  industry  not  at  present  established  in  the  United  States  : 
Provided,  That  skilled  labor  for  that  purpose  cannot  be  otherwise 
obtained ;  nor  shall  the  provisions  of  this  act  apply  to  professional 
actors,  artists,  lecturers,  or  singers,  nor  to  persons  employed 
strictly  as  personal  or  domestic  servants  :  Provided,  That  nothing 
in  this  act  shall  be  construed  as  prohibiting  any  individual  from 
assisting  any  member  of  his  family  or  any  relative  or  personal 
friend,  to  migrate-  from  any  foreign  country  to  the  United  States, 
for  the  purpose  of  settlement  here.1 

SEC.  6.  That  all  laws  or  parts  of  laws  conflicting  herewith  be, 
and  the  same  are  hereby,  repealed. 

APPROVED,  February  26,  1885. 


No.    in.     Presidential  Succession  Act 

January  19,  1886 

IN  his  annual  message  of  December  6,  1881,  President  Arthur  recommended 
further  provision  of  law  for  the  regulation  of  the  presidential  succession.  A 
bill  for  the  purpose  was  introduced  in  the  Senate,  June  16,  1882,  by  George 
F.  Hoar  of  Massachusetts,  but  no  further  action  was  taken.  A  similar  bill 
passed  the  Senate  January  25,  1884,  but  was  not  finally  acted  on  in  the  House. 
Another  bill,  introduced  by  Senator  Hoar  December  8,  1885,  was  reported 
by  the  Committee  on  Privileges  and  Elections  on  the  I4th,  and  on  the  iyth 
passed  the  Senate.  The  bill  was  reported  without  amendment  in  the  House, 
January  13,  1886,  and  on  the  I5th  passed,  the  final  vote  being  186  to  76,  62 
not  voting. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXIV,  I,  2.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  49th  Cong.,  1st-  Sess.,  and  the 
Cong.  Record.  The  report  submitted  January  13  is  House  Report  26. 

1  See  act  of  March  3,  1891,  chap.  551,  section  5. 


1 886]  PRESIDENTIAL  SUCCESSION  ACT  343 

An  act  to  provide  for  the  performance  of  the  duties  of  the  office  of  President 
in  case  of  the  removal,  death,  resignation,  or  inability  both  of  the  President 
and  Vice-President. 

Be  it  enacted  .  .  .,  That  in  case  of  removal,  death,  resignation, 
or  inability  of  both  the  President  and  Vice-President  of  the 
United  States,  the  Secretary  of  State,  or  if  there  be  none,  or  in 
case  of  his  removal,  death,  resignation,  or  inability,  then  the  Sec 
retary  of  the  Treasury,  or  if  there  be  none,  or  in  case  of  his  re 
moval,  death,  resignation,  or  inability,  then  the  Secretary  of  War, 
or  if  there  be  none,  or  in  case  of  his  removal,  death,  resignation, 
or  inability,  then  the  Attorney-General,  or  if  there  be  none,  or  in 
case  of  his  removal,  death,  resignation,  or  inability,  then  the  Post 
master-General,  or  if  there  be  none,  or  in  case  of  his  removal, 
death,  resignation,  or  inability,  then  the  Secretary  of  the  Navy,  or 
if  there  be  none,  or  in  case  of  his  removal,  death,  resignation,  or 
inability,  then  the  Secretary  of  the  Interior,  shall  act  as  President 
until  the  disability  of  the  President  or  Vice-President  is  removed 
or  a  President  shall  be  elected :  Provided,  That  whenever  the 
powers  and  duties  of  the  office  of  President  of  the  United  States 
shall  devolve  upon  any  of  the  persons  named  herein,  if  Congress 
be  not  then  in  session,  or  if  it  would  not  meet  in  accordance  with 
law  within  twenty  days  thereafter,  it  shall  be  the  duty  of  the  per 
son  upon  whom  said  powers  and  duties  shall  devolve  to  issue  a 
proclamation  convening  Congress  in  extraordinary  session,  giving 
twenty  days'  notice  of  the  time  of  meeting. 

SEC.  2.  That  the  preceding  section  shall  only  be  held  to 
describe  and  apply  to  such  officers  as  shall  have  been  appointed 
by  the  advice  and  consent  of  the  Senate  to  the  offices  therein 
named,  and  such  as  are  eligible  to  the  office  of  President  under 
the  Constitution,  and  not  under  impeachment  by  the  House  of 
Representatives  of  the  United  States  at  the  time  the  powers  and 
duties  of  the  office  shall  devolve  upon  them  respectively. 

SEC.  3.    [Sections  146-150  of  the  Revised  Statutes  repealed.1] 

APPROVED,  January  19,  1886. 

1  These  sections  devolve  the  succession  upon  the  President  of  the  Senate  and 
the  Speaker  of  the  House. 


344  SPECIAL  LAWS  IN  TERRITORIES  [July  30 

No.    112.      Act  prohibiting  Special  Laws  in 
the  Territories 

July  30,  1886 

A  BILL  to  prohibit  the  passage  of  special  or  local  laws  in  the  Territories 
and  to  limit  territorial  indebtedness  was  introduced  in  the  House,  February  I, 
1886,  by  William  M.  Springer  of  Illinois.  It  was  stated  that  the  provisions 
of  the  bill  were  taken  verbatim  from  the  constitution  of  Illinois.  The  bill  was 
reported  with  a  verbal  amendment  April  6,  and  passed  the  House  May  I. 
The  Senate  made  numerous  changes,  and  passed  the  amended  bill  June  17. 
The  House  refused  to  agree  to  all  the  Senate  amendments,  and  a  conference 
committee  settled  the  final  form  of  the  bill.  An  amendatory  act  of  July  30, 
1886,  authorized  municipal  corporations  in  the  Territories  to  issue  bonds 
"  for  sanitary  and  health  purposes,  the  construction  of  sewers,  waterworks,  and 
the  improvement  of  streets,"  provided  such  issue  were  voted  by  the  tax 
payers  of  the  municipality  at  an  election  called  for  the  purpose. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXIV,  170,  171.  For 
the  proceedings  see  the  House  and  Senate  Journals,  49th  Cong.,  1st  Sess., 
and  the  Cong.  Record.  The  text  of  the  House  bill  is  in  the  Record,  May  I  ; 
the  amendments  reported  in  the  Senate  are  in  ibid.,  June  1  7.  See  also  Senate 
Report 


An  act  to  prohibit  the  passage  of  local  or  special  laws  in  the  Territories  of  the 
United  States,  to  limit  Territorial  indebtedness,  and  for  other  purposes. 

Be  it  enacted  .  .  .,  That  the  legislatures  of  the  Territories  of 
the  United  States  now  or  hereafter  to  be  organized  shall  not  pass 
local  or  special  laws  in  any  of  the  following  enumerated  cases,  that 
is  to  say  : 

Granting  divorces. 

Changing  the  names  of  persons  or  places. 

Laying  out,  opening,  altering,  and  working  roads  or  highways. 

Vacating  roads,  town-plats,  streets,  alleys,  and  public  grounds. 

Locating  or  changing  county  seats. 

Regulating  county  and  township  affairs. 

Regulating  the  practice  in  courts  of  justice. 

Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates,  and  constables. 


1886]  SPECIAL  LAWS  IN  TERRITORIES  345 

Providing  for  changes  of  venue  in  civil  and  criminal  cases. 

Incorporating  cities,  towns,  or  villages,  or  changing  or  amend 
ing  the  charter  of  any  town,  city,  or  village. 

For  the  punishment  of  crimes  or  misdemeanors. 

For  the  assessment  and  collection  of  taxes  for  Territorial, 
county,  township,  or  road  purposes. 

Summoning  and  impaneling  grand  or  petit  jurors. 

Providing  for  the  management  of  common  schools. 

Regulating  the  rate  of  interest  on  money. 

The  opening  and  conducting  of  any  election  or  designating  the 
place  of  voting. 

The  sale  or  mortgage  of  real  estate  belonging  to  minors  or  others 
under  disability. 

The  protection  of  game  or  fish. 

Chartering  or  licensing  ferries  or  toll  bridges. 

Remitting  fines,  penalties,  or  forfeitures. 

Creating,  increasing,  or  decreasing  fees,  percentage,  or  allow 
ances  of  public  officers  during  the  term  for  which  said  officers  are 
elected  or  appointed. 

Changing  the  law  of  descent. 

Granting  to  any  corporation,  association,  or  individual  the  right 
to  lay  down  railroad  tracks,  or  amending  existing  charters  for  such 
purpose. 

Granting  to  any  corporation,  association,  or  individual  any 
special  or  exclusive  privilege,  immunity,  or  franchise  whatever. 

In  all  other  cases  where  a  general  law  can  be  made  applicable, 
no  special  law  shall  be  enacted  in  any  of  the  Territories  of  the 
United  States  by  the  Territorial  legislatures  thereof. 

SEC.  2.  That  no  Territory  of  the  United  States  now  or  hereafter 
to  be  organized,  or  any  political  or  municipal  corporation  or  sub 
division  of  any  such  Territory,  shall  hereafter  make  any  subscrip 
tion  to  the  capital  stock  of  any  incorporated  company,  or  company 
or  association  having  corporate  powers,  or  in  any  manner  loan  its 
credit  to  or  use  it  for  the  benefit  of  any  such  company  or  associa 
tion,  or  borrow  any  money  for  the  use  of  any  such  company  or 
association. 


346  SPECIAL  LAWS  IN  TERRITORIES  [July  30 

SEC.  3.  That  no  law  of  any  Territorial  legislature  shall  authorize 
any  debt  to  be  contracted  by  or  on  behalf  of  such  Territory  except 
in  the  following  cases  :  To  meet  a  casual  deficit  in  the  revenues, 
to  pay  the  interest  upon  the  Territorial  debt,  to  suppress  insurrec 
tions,  or  to  provide  for  the  public  defense,  except  that  in  addition 
to  any  indebtedness  created  for  such  purposes,  the  legislature  may 
authorize  a  loan  for  the  erection  of  penal,  charitable  or  educational 
institutions  for  such  Territory,  if  the  total  indebtedness  of  the  Ter 
ritory  is  not  thereby  made  to  exceed  one  per  centum  upon  the 
assessed  value  of  the  taxable  property  in  such  Territory  as  shown 
by  the  last  general  assessment  for  taxation.  And  nothing  in  this 
act  shall  be  construed  to  prohibit  the  refunding  of  any  existing 
indebtedness  of  such  Territory  or  of  any  political  or  municipal 
corporation,  county,  or  other  sub-division  therein. 

SEC.  4.  That  no  political  or  municipal  corporation,  county,  or 
other  sub- division  in  any  of  the  Territories  of  the  United  States 
shall  ever  become  indebted  in  any  manner  or  for  any  purpose  to 
any  amount  in  the  aggregate,  including  existing  indebtedness, 
exceeding  four  per  centum  on  the  value  of  the  taxable  property 
within  such  corporation,  county,  or  sub-division,  to  be  ascertained 
by  the  last  assessment  for  Territorial  and  county  taxes  previous  to 
the  incurring  of  such  indebtedness ;  and  all  bonds  or  obligations 
in  excess  of  such  amount  given  by  such  corporation  shall  be  void  : 
That  nothing  in  this  act  contained  shall  be  so  construed  as  to 
affect  the  validity  of  any  act  of  any  Territorial  legislature  hereto 
fore  enacted,  or  of  any  obligations  existing  or  contracted  there 
under,  nor  to  preclude  the  issuing  of  bonds  already  contracted  for 
in  pursuance  of  express  provisions  of  law ;  nor  to  prevent  any  Ter 
ritorial  legislature  from  legalizing  the  acts  of  any  county,  munici 
pal  corporation,  or  sub-division  of  any  territory  as  to  any  bonds 
heretofore  issued  or  contracted  to  be  issued. 

SEC.  5.  That  section  eighteen  hundred  and  eighty-nine,  title 
twenty-three,  of  the  Revised  Statutes  of  the  United  States  be 
amended  to  read  as  follows : 

"  The  legislative  assemblies  of  the  several  Territories  shall  not 
grant  private  charters  or  special  privileges,  but  they  may,  by  gen- 


1 886]  ELECTORAL  COUNT  ACT  347 

eral  incorporation  acts,  permit  persons  to  associate  themselves 
together  as  bodies  corporate  for  mining,  manufacturing,  and  other 
industrial  pursuits,  and  for  conducting  the  business  of  insurance, 
banks  of  discount  and  deposit  (but  not  of  issue)  loan,  trust,  and 
guarantee  associations,  and  for  the  construction  or  operation  of 
rail-roads,  wagon-roads,  irrigating  ditches,  and  the  colonization 
and  improvement  of  lands  in  connection  therewith,  or  for  colleges, 
semenaries,  churches,  libraries,  or  any  other  benevolent,  charitable, 
or  scientific  association." 

SEC.  6.  That  nothing  in  this  act  contained  shall  be  construed 
to  abridge  the  power  of  Congress  to  annul  any  law  passed  by  a 
Territorial  legislature,  or  to  modify  any  existing  law  of  Congress 
requiring  in  any  case  that  the  laws  of  any  Territory  shall  be  sub 
mitted  to  Congress. 

SEC.  7.  That  all  acts  and  parts  of  acts  hereafter  passed  by  any 
Territorial  legislature  in  conflict  with  the  provisions  of  this  act  shall 
be  null  and  void. 

APPROVED,  July  30,  1886. 


No.    113.     Electoral  Count  Act 

February  3,  1887 

A  BILL  to  regulate  the  electoral  count  was  introduced  in  the  Senate, 
December  8,  1885,  by  Edmunds  of  Vermont,  and  referred  to  the  Committee 
on  Privileges  and  Elections.  The  bill  was  reported  on  the  I7th  without 
amendment,  and  February  2,  after  debate,  was  recommitted.  A  substitute 
was  reported  on  the  25th,  and  March  17  passed  the  Senate.  The  bill  with 
amendments  was  reported  in  the  House  April  15,  but  the  session  closed 
without  further  action.  December  9  the  bill  was  taken  up,  and,  with  various 
amendments,  passed.  A  conference  committee  settled  the  final  form  of  the 
bill. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XXIV,  373-375.  For 
the  proceedings  see  the  House  and  Senate  Journals,  49th  Cong.,  and  the 
Cong.  Record.  The  text  of  the  Senate  bill  is  in  the  Record,  March  17;  the 
amendments  reported  in  the  House  are  in  ibid.,  December  9,  1886.  See  also 
House  Report  1638,  49th  Cong.,  1st  Sess. 


348  ELECTORAL  COUNT  ACT  [Feb.  3 

An  act  to  fix  the  day  for  the  meeting  of  the  electors  of  President  and  Vice- 
President,  and  to  provide  for  and  regulate  the  counting  of  the  votes  for 
President  and  Vice-President,  and  the  decision  of  questions  arising  thereon. 

Be  it  enacted  .  .  .,  That  the  electors  of  each  State  shall  meet 
and  give  their  votes  on  the  second  Monday  in  January  next 
following  their  appointment,  at  such  place  in  each  State  as  the 
legislature  of  such  State  shall  direct. 

SEC.  2.  That  if  any  State  shall  have  provided,  by  laws  enacted 
prior  to  the  day  fixed  for  the  appointment  of  the  electors,  for  its 
final  determination  of  any  controversy  or  contest  concerning  the 
appointment  of  all  or  any  of  the  electors  of  such  State,  by  judicial 
or  other  methods  or  procedures,  and  such  determination  shall  have 
been  made  at  least  six  days  before  the  time  fixed  for  the  meeting 
of  the  electors,  such  determination  made  pursuant  to  such  law  so 
existing  on  said  day,  and  made  at  least  six  days  prior  to  the  said 
time  of  meeting  of  the  electors,  shall  be  conclusive,  and  shall 
govern  in  the  counting  of  the  electoral  votes  as  provided  in  the 
Constitution,  and  as  hereinafter  regulated,  so  far  as  the  ascertain 
ment  of  the  electors  appointed  by  such  State  is  concerned. 

SEC.  3.  That  it  shall  be  the  duty  of  the  executive  of  each 
State,  as  soon  as  practicable  after  the  conclusion  of  the  appoint 
ment  of  electors  in  such  State,  by  the  final  ascertainment  under 
and  in  pursuance  of  the  laws  of  such  State  providing  for  such 
ascertainment,  to  communicate,  under  the  seal  of  the  State,  to 
the  Secretary  of  State  of  the  United  States,  a  certificate  of  such 
ascertainment  of  the  electors  appointed,  setting  forth  the  names 
of  such  electors  and  the  canvass  or  other  ascertainment  under  the 
laws  of  such  State  of  the  number  of  votes  given  or  cast  for  each 
person  for  whose  appointment  any  and  all  votes  have  been  given 
or  cast;  and  it  shall  also  thereupon  be  the  duty  of  the  executive 
of  each  State  to  deliver  to  the  electors  of  such  State,  on  or  before 
the  day  on  which  they  are  required  by  the  preceding  section  to 
meet,  the  same  certificate,  in  triplicate,  under  the  seal  of  the 
State;  and  such  certificate  shall  be  inclosed  and  transmitted  by 
the  electors  at  the  same  time  and  in  the  same  manner  as  is 
provided  by  law  for  transmitting  by  such  electors  to  the  seat  of 


1 887]  ELECTORAL  COUNT  ACT  349 

Government  the  lists  of  all  persons  voted  for  as  President  and 
of  all  persons  voted  for  as  Vice-President ;  *  and  section  one 
hundred  and  thirty-six  of  the  Revised  Statutes 2  is  hereby  re 
pealed  ;  and  if  there  shall  have  been  any  final  determination  in 
a  State  of  a  controversy  or  contest  as  provided  for  in  section 
two  of  this  act,  it  shall  be  the  duty  of  the  executive  of  such 
State,  as  soon  as  practicable  after  such  determination,  to  com 
municate,  under  the  seal  of  the  State,  to  the  Secretary  of  State 
of  the  United  States,  a  certificate  of  such  determination,  in  form 
and  manner  as  the  same  shall  have  been  made ;  and  the  Secretary 
of  State  of  the  United  States,  as  soon  as  practicable  after  the 
receipt  at  the  State  Department  of  each  of  the  certificates  'here 
inbefore  directed  to  be  transmitted  to  the  Secretary  of  State,  shall 
publish,  in  such  public  newspaper  as  he  shall  designate,  such 
certificates  in  full ;  and  at  the  first  meeting  of  Congress  there 
after  he  shall  transmit  to  the  two  Houses  of  Congress  copies  in 
full  of  each  and  every  such  certificate  so  received  theretofore  at 
the  State  Department. 

SEC.  4.  That  Congress  shall  be  in  session  on  the  second 
Wednesday  in  February  succeeding  every  meeting  of  the  electors. 
The  Senate  and  House  of  Representatives  shall  meet  in  the  Hall 
of  the  House  of  Representatives  at  the  hour  of  one  o'clock  in 
the  afternoon  on  that  day,  and  the  President  of  the  Senate  shall 
be  their  presiding  officer.  Two  tellers  shall  be  previously  ap 
pointed  on  the  part  of  the  Senate  and  two  on  the  part  of  the 
House  of  Representatives,  to  whom  shall  be  handed,  as  they  are 
opened  by  the  President  of  the  Senate,  all  the  certificates  and 
papers  purporting  to  be  certificates  of  the  electoral  votes,  which 
certificates  and  papers  shall  be  opened,  presented,  and  acted 

1  By  an  act  of  October  19,  1888,  certificates  and  lists  of  votes  for  President  and 
Vice-President  were  required  to  be  forwarded  "  to  the  President  of  the  Senate  forth 
with  after  the  second  Monday  in  January  on  which  the  electors  shall  give  their 
votes." 

2  "  It  shall  be  the  duty  of  the  executive  of  each  State  to  cause  three  lists  of  the 
names  of  the  electors  of  such  State  to  be  made  and  certified,  and  to  be  delivered 
to  the  electors  on  or  before  the  day  on  which  they  are  required  ...  to  meet" 
(act  of  March  i,  1792,  sec.  3). 


350  ELECTORAL  COUNT  ACT  [Feb.  3 

upon  in  the  alphabetical  order  of  the  States,  beginning  with  the 
letter  A;  and  said  tellers,  having  then  read  the  same  in  the 
presence  and  hearing  of  the  two  Houses,  shall  make  a  list  of 
the  votes  as  they  shall  appear  from  the  said  certificates ;  and 
the  votes  having  been  ascertained  and  counted  in  the  manner 
and  according  to  the  rules  in  this  act  provided,  the  result  of  the 
same  shall  be  delivered  to  the  President  of  the  Senate,  who  shall 
thereupon  announce  the  state  of  the  vote,  which  announcement 
shall  be  deemed  a  sufficient  declaration  of  the  persons,  if  any, 
elected  President  and  Vice- President  of  the  United  States,  and, 
together  with  a  list  of  the  votes,  be  entered  on  the  Journals  of 
the  two  Houses.  Upon  such  reading  of  any  such  certificate  or 
paper,  the  President  of  the  Senate  shall  call  for  objections,  if  any. 
Every  objection  shall  be  made  in  writing,  and  shall  state  clearly 
and  concisely,  and  without  argument,  the  ground  thereof,  and 
shall  be  signed  by  at  least  one  Senator  and  one  Member  of  the 
House  of  Representatives  before  the  same  shall  be  received. 
When  all  objections  so  made  to  any  vote  or  paper  from  a  State 
shall  have  been  received  and  read,  the  Senate  shall  thereupon 
withdraw,  and  such  objections  shall  be  submitted  to  the  Senate 
for  its  decision;  and  the  Speaker  of  the  House  of  Representa 
tives  shall,  in  like  manner,  submit  such  objections  to  the  House 
of  Representatives  for  its  decision;  and  no  electoral  vote  or 
votes  from  any  State  which  shall  have  been  regularly  given  by 
electors  whose  appointment  has  been  lawfully  certified  to  accord 
ing  to  section  three  of  this  act  from  which  but  one  return  has 
been  received  shall  be  rejected,  but  the  two  Houses  concurrently 
may  reject  the  vote  or  votes  when  they  agree  that  such  vote  or 
votes  have  not  been  so  regularly  given  by  electors  whose  appoint 
ment  has  been  so  certified.  If  more  than  one  return  or  paper 
purporting  to  be  a  return  from  a  State  shall  have  been  received 
by  the  President  of  the  Senate,  those  votes,  and  those  only,  shall 
be  counted  which  shall  have  been  regularly  given  by  the  electors 
who  are  shown  by  the  determination  mentioned  in  section  two 
of  this  act  to  have  been  appointed,  if  the  determination  in  said 
section  provided  for  shall  have  been  made,  or  by  such  successors 


1887]  ELECTORAL  COUNT  ACT  351 

or  substitutes,  in  case  of  a  vacancy  in  the  board  of  electors  so 
ascertained,  as  have  been  appointed  to  fill  such  vacancy  in  the 
mode  provided  by  the  laws  of  the  State ;  but  in  case  there  shall 
arise  the  question  which  of  two  or  more  of  such  State  authorities 
determining  what  electors  have  been  appointed,  as  mentioned  in 
section  two  of  this  act,  is  the  lawful  tribunal  of  such  State,  the 
votes  regularly  given  of  those  electors,  and  those  only,  of  such 
State  shall  be  counted  whose  title  as  electors  the  two  Houses, 
acting  separately,  shall  concurrently  decide  is  supported  by  the 
decision  of  such  State  so  authorized  by  its  laws ;  and  in  such 
case  of  more  than  one  return  or  paper  purporting  to  be  a  return 
from  a  State,  if  there  shall  have  been  no  such  determination  of 
the  question  in  the  State  aforesaid,  then  those  votes,  and  those 
only,  shall  be  counted  which  the  two  Houses  shall  concurrently 
decide  were  cast  by  lawful  electors  appointed  in  accordance  with 
the  laws  of  the  State,  unless  the  two  Houses,  acting  separately, 
shall  concurrently  decide  such  votes  not  to  be  the  lawful  votes 
of  the  legally  appointed  electors  of  such  State.  But  if  the  two 
Houses  shall  disagree  in  respect  of  the  counting  of  such  votes, 
then,  and  in  that  case,  the  votes  of  the  electors  whose  appoint 
ment  shall  have  been  certified  by  the  Executive  of  the  State, 
under  the  seal  thereof,  shall  be  counted.  When  the  two  Houses 
have  voted,  they  shall  immediately  again  meet,  and  the  presiding 
officer  shall  then  announce  the  decision  of  the  questions  submitted. 
No  votes  or  papers  from  any  other  State  shall  be  acted  upon  until 
the  objections  previously  made  to  the  votes  or  papers  from  any 
State  shall  have  been  finally  disposed  of. 

SEC.  5.  That  while  the  two  Houses  shall  be  in  the  meeting  as 
provided  in  this  act  the  President  of  the  Senate  shall  have  power 
to  preserve  order ;  and  no  debate  shall  be  allowed  and  no  ques 
tion  shall  be  put  by  the  presiding  officer  except  to  either  House 
on  a  motion  to  withdraw. 

SEC.  6.  That  when  the  two  Houses  separate  to  decide  upon 
an  objection  that  may  have  been  made  to  the  counting  of  any 
electoral  vote  or  votes  from  any  State,  or  other  question  arising 
in  the  matter,  each  Senator  and  Representative  may  speak  to 


352  INTERSTATE  COMMERCE  ACT  [Feb.  4 

such  objection  or  question  five  minutes,  and  not  more  than  once ; 
but  after  such  debate  shall  have  lasted  two  hours  it  shall  be  the 
duty  of  the  presiding  officer  of  each  House  to  put  the  main 
question  without  further  debate. 

SEC.  7.  That  at  such  joint  meeting  of  the  two  Houses  seats 
shall  be  provided  as  follows  :  For  the  President  of  the  Senate, 
the  Speaker's  chair ;  for  the  Speaker,  immediately  upon  his  left ; 
the  Senators,  in  the  body  of  the  Hall  upon  the  right  of  the 
presiding  officer;  for  the  Representatives,  in  the  body  of  the 
Hall  not  provided  for  the  Senators;  for  the  tellers,  Secretary  of 
the  Senate,  and  Clerk  of  the  House  of  Representatives,  at  the 
Clerk's  desk;  for  the  other  officers  of  the  two  Houses,  in  front 
of  the  Clerk's  desk  and  upon  each  side  of  the  Speaker's  platform. 
Such  joint  meeting  shall  not  be  dissolved  until  the  count  of  elec 
toral  votes  shall  be  completed  and  the  result  declared ;  and  no 
recess  shall  be  taken  unless  a  question  shall  have  arisen  in  regard 
to  counting  any  such  votes,  or  otherwise  under  this  act,  in  which 
case  it  shall  be  competent  for  either  House,  acting  separately,  in 
the  manner  hereinbefore  provided,  to  direct  a  recess  of  such 
House  not  beyond  the  next  calendar  day,  Sunday  excepted,  at 
the  hour  of  ten  o'clock  in  the  forenoon.  But  if  the  counting 
of  the  electoral  votes  and  the  declaration  of  the  result  shall  not 
have  been  completed  before  the  fifth  calendar  day  next  after 
such  first  meeting  of  the  two  Houses,  no  further  or  other  recess 
shall  be  taken  by  either  House. 

APPROVED,  February  3,  1887. 


No.    114.     Interstate  Commerce  Act 

February  4,  1887 

A  BILL  to  regulate  interstate  commerce  was  reported  in  the  Senate,  Janu 
ary  1 8,  1886,  by  Shelby  M.  Cullom  of  Illinois,  from  the  select  committee 
appointed  "  to  investigate  and  report  on  the  subject  of  regulating  the  trans- 


1887]  INTERSTATE  COMMERCE  ACT  353 

portation  of  freights  and  passengers  between  the  several  States  by  railroads 
and  water  routes."  Accompanying  the  bill  was  a  voluminous  report.  The 
bill  was  recommitted,  and  a  substitute  reported  February  16.  The  bill  was 
taken  up  April  14,  and  formed  one  of  the  principal  subjects  of  debate  until 
May  12,  when,  with  numerous  amendments,  the  bill  passed,  the  final  vote 
being  47  to  4,  25  not  voting.  A  substitute  was  reported  in  the  House 
May  22.  The  bill  was  taken  up  July  21,  and  on  the  3Oth  the  amended 
substitute  passed  the  House  by  a  vote  of  192  to  41,  89  not  voting.  The 
session  closed  without  further  action  beyond  the  appointment  of  a  conference 
committee.  The  report  of  the  committee  was  submitted  December  15,  and 
was  accepted  by  the  Senate,  January  14,  1887,  by  a  vote  of  43  to  15,  and  by 
the  House,  January  21,  by  a  vote  of  219  to  41,  58  not  voting.  Extensive 
amendments  to  the  act  were  made  by  an  act  of  March  2,  1889.  The  scope 
of  the  commission,  and  its  authority  to  compel  testimony,  were  further  de 
fined  by  an  act  of  February  10,  1891.  An  act  of  February  n,  1893,  provided 
that  no  person  should  be  excused  from  testifying  before  the  commission,  or 
from  producing  papers,  etc.,  on  the  ground  that  such  evidence  would  tend  to 
incriminate  him  ;  but  such  witnesses  were  exempted  from  prosecution  or 
penalty  on  account  of  acts  concerning  which  they  were  required  to  give 
evidence. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XXIV,  379-387.  For  the 
proceedings  see  the  House  and  Senate  Journals,  49th  Cong.,  1st  and  2d  Sess., 
and  the  Cong.  Record.  The  text  of  the  House  bill  is  in  the  Record,  July  30. 
Cullom's  report  of  January  18,  1886,  is  Senate  Report  46,  49th  Cong.,  1st 
Sess.  The  annual  reports  of  the  Interstate  Commerce  Commission,  and  the  de 
bates  in  Congress  on  the  amendatory  acts,  are  the  principal  authorities  for  the 
workings  of  the  statute.  For  decisions  under  the  act  to  1897  see  Gould  and 
Tucker,  Notes  on  the  Revised  Statutes,  II,  618-621.  On  ticket  brokerage  see 
Senate  Doc.  128  and  House  Report  232,  55th  Cong.,  2d  Sess.  Ah  act  of  June 
I,  1898,  provided  for  the  arbitration  of  disputes  between  railroads  and  their 
employees;  on  this  see  Senate  Report 591  and  House  Report  454,  55th  Cong., 
2d  Sess. 

An  act  to  regulate  commerce. 

Be  it  enacted  .  .  .,  That  the  provisions  of  this  act  shall  apply 
to  any  common  carrier  or  carriers  engaged  in  the  transportation 
of  passengers  or  property  wholly  by  railroad,  or  partly  by  railroad 
and  partly  by  water  when  both  are  used,  under  a  common  control, 
management,  or  arrangement,  for  a  continuous  carriage  or  ship 
ment,  from  one  State  or  Territory  of  the  United  States,  or  the  Dis 
trict  of  Columbia,  to  any  other  State  or  Territory  of  the  United 

2  A 


354  INTERSTATE  COMMERCE  ACT  [Feb.  4 

States,  or  the  District  of  Columbia,  or  from  any  place  in  the  United 
States  to  an  adjacent  foreign  country,  or  from  any  place  in  the 
United  States  through  a  foreign  country  to  any  other  place  in  the 
United  States,  and  also  to  the  transportation  in  like  manner  of 
property  shipped  from  any  place  in  the  United  States  to  a  foreign 
country  and  carried  from  such  place  to  a  port  of  transshipment,  or 
shipped  from  a  foreign  country  to  any  place  in  the  United  States 
and  carried  to  such  place  from  a  port  of  entry  either  in  the  United 
States  or  an  adjacent  foreign  country :  Provided,  however,  That 
the  provisions  of  this  act  shall  not  apply  to  the  transportation  of 
passengers  or  property,  or  to  the  receiving,  delivering,  storage,  or 
handling  of  property,  wholly  within  one  State,  and  not  shipped  to 
or  from  a  foreign  country  from  or  to  any  State  or  Territory  as 
aforesaid. 

The  term  "  railroad  "  as  used  in  this  act  shall  include  all  bridges 
and  ferries  used  or  operated  in  connection  with  any  railroad,  and 
also  all  the  road  in  use  by  any  corporation  operating  a  railroad, 
whether  owned  or  operated  under  a  contract,  agreement,  or  lease ; 
and  the  term  "  transportation  "  shall  include  all  instrumentalities 
of  shipment  or  carriage. 

All  charges  made  for  any  service  rendered  or  to  be  rendered  in 
the  transportation  of  passengers  or  property  as  aforesaid,  or  in 
connection  therewith,  or  for  the  receiving,  delivering,  storage,  or 
handling  of  such  property,  shall  be  reasonable  and  just ;  and 
every  unjust  and  unreasonable  charge  for  such  service  is  prohibited 
and  declared  to  be  unlawful. 

SEC.  2.  That  if  any  common  carrier  subject  to  the  provisions  of 
this  act  shall,  directly  or  indirectly,  by  any  special  rate,  rebate, 
drawback,  or  other  device,  charge,  demand,  collect,  or  receive 
from  any  person  or  persons  a  greater  or  less  compensation  for 
any  service  rendered,  or  to  be  rendered,  in  the  transportation  of 
passengers  or  property,  subject  to  the  provisions  of  this  act,  than 
it  charges,  demands,  collects,  or  receives  from  any  other  person 
or  persons  for  doing  for  him  or  them  a  like  and  contemporaneous 
service  in  the  transportation  of  a  like  kind  of  traffic  under  sub 
stantially  similar  circumstances  and  conditions,  such  common 


1887]  INTERSTATE  COMMERCE  ACT  355 

carrier  shall  be  deemed  guilty  of  unjust  discrimination,  which  is 
hereby  prohibited  and  declared  to  be  unlawful.1 

SEC.  3.  That  it  shall  be  unlawful  for  any  common  carrier  sub 
ject  to  the  provisions  of  this  act  to  make  or  give  any  undue  or 
unreasonable  preference  or  advantage  to  any  particular  person, 
company,  firm,  corporation,  or  locality,  or  any  particular  descrip 
tion  of  traffic,  in  any  respect  whatsoever,  or  to  subject  any  particu 
lar  person,  company,  firm,  corporation,  or  locality,  or  any 
particular  description  of  traffic,  to  any  undue  or  unreasonable 
prejudice  or  disadvantage  in  any  respect  whatsoever. 

Every  common  carrier  subject  to  the  provisions  of  this  act 
shall,  according  to  their  respective  powers,  afford  all  reasonable, 
proper,  and  equal  facilities  for  the  interchange  of  traffic  between 
their  respective  lines,  and  for  the  receiving,  forwarding,  and  de 
livering  of  passengers  and  property  to  and  from  their  several 
lines  and  those  connecting  therewith,  and  shall  not  discriminate 
in  their  rates  and  charges  between  such  connecting  lines ;  but 
this  shall  not  be  construed  as  requiring  any  such  common  carrier 
to  give  the  use  of  its  tracks  or  terminal  facilities  to  another  carrier 
engaged  in  like  business. 

SEC.  4.  That  it  shall  be  unlawful  for  any  common  carrier  sub 
ject  to  the  provisions  of  this  act  to  charge  or  receive  any  greater 
compensation  in  the  aggregate  for  the  transportation  of  passengers 
or  of  like  kind  of  property,  under  substantially  similar  circum 
stances  and  conditions,  for  a  shorter  than  for  a  longer  distance 
over  the  same  line,  in  the  same  direction,  the  shorter  being  in 
cluded  within  the  longer  distance  ;  but  this  shall  not  be  construed 
as  authorizing  any  common  carrier  within  the  terms  of  this  act  to 
charge  and  receive  as  great  compensation  for  a  shorter  as  for  a 
longer  distance  :  Provided,  however,  That  upon  application  to  the 
Commission  appointed  under  the  provisions  of  this  act,  such  com 
mon  carrier  may,  in  special  cases,  after  investigation  by  the  Com 
mission,  be  authorized  to  charge  less  for  longer  than  for  shorter 
distances  for  the  transportation  of  passengers  or  property;  and 

1  Amended  by  act  of  February  8,  1895,  to  allow  the  issue  of  interchangeable  mile 
age  tickets. 


356  INTERSTATE  COMMERCE  ACT  [Feb.  4 

the  Commission  may  from  time  to  time  prescribe  the  extent  to 
which  such  designated  common  carrier  may  be  relieved  from  the 
operation  of  this  section  of  this  act. 

SEC.  5.  That  it  shall  be  unlawful  for  any  common  carrier  sub 
ject  to  the  provisions  of  this  act  to  enter  into  any  contract,  agree 
ment,  or  combination  with  any  other  common  carrier  or  carriers 
for  the  pooling  of  freights  of  different  and  competing  railroads,  or 
to  divide  between  them  the  aggregate  or  net  proceeds  of  the 
earnings  of  such  railroads,  or  any  portion  thereof;  and  in  any 
case  of  an  agreement  for  the  pooling  of  freights  as  aforesaid,  each 
day  of  its  continuance  shall  be  deemed  a  separate  offense. 

SEC.  6.  That  every  common  carrier  subject  to  the  provisions 
of  this  act  shall  print  and  keep  for  public  inspection  schedules 
showing  the  rates  and  fares  and  charges  for  the  transportation 
of  passengers  and  property  which  any  such  common  carrier  has 
established  and  which  are  in  force  at  the  time  upon  its  railroad,  as 
defined  by  the  first  section  of  this  act.  The  schedules  printed  as 
aforesaid  by  any  such  common  carrier  shall  plainly  state  the  places 
upon  its  railroad  between  which  property  and  passengers  will  be 
carried,  and  shall  contain  the  classification  of  freight  in  force  upon 
such  railroad,  and  shall  also  state  separately  the  terminal  charges 
and  any  rules  or  regulations  which  in  any  wise  change,  affect,  or 
determine  any  part  or  the  aggregate  of  such  aforesaid  rates  and 
fares  and  charges.  Such  schedules  shall  be  plainly  printed  in 
large  type,  of  at  least  the  size  of  ordinary  pica,  and  copies  for  the 
use  of  the  public  shall  be  kept  in  every  depot  or  station  upon  any 
such  railroad,  in  such  places  and  in  such  form  that  they  can  be 
conveniently  inspected.1 

Any  common  carrier  subject  to  the  provisions  of  this  act  receiv 
ing  freight  in  the  United  States  to  be  carried  through  a  foreign 
country  to  any  place  in  the  United  States  shall  also  in  like  man- 

1  By  act  of  March  2,  1889,  sec.  i,  the  last  sentence  was  amended  to  read :  "  Such 
schedules  shall  be  plainly  printed  in  large  type,  and  copies  for  the  use  of  the  pub 
lic  shall  be  posted  in  two  public  and  conspicuous  places,  in  every  depot,  station,  or 
office  of  such  carrier  where  passengers  or  freight,  respectively,  are  received  for 
transportation,  in  such  form  that  they  shall  be  accessible  to  the  public  and  can  be 
conveniently  inspected." 


1887]  INTERSTATE  COMMERCE  ACT  357 

ner  print  and  keep  for  public  inspection,  at  every  depot  where 
such  freight  is  received  for  shipment,  schedules  showing  the 
through  rates  established  and  charged  by  such  common  carrier  to 
all  points  in  the  United  States  beyond  the  foreign  country  to 
which  it  accepts  freight  for  shipment;  and  any  freight  shipped 
from  the  United  States  through  a  foreign  country  into  the  United 
States,  the  through  rate  on  which  shall  not  have  been  made  public 
as  required  by  this  act,  shall,  before  it  is  admitted  into  the  United 
States  from  said  foreign  country,  be  subject  to  customs  duties  as 
if  said  freight  were  of  foreign  production  ;  and  any  law  in  conflict 
with  this  section  is  hereby  repealed. 

No  advance  shall  be  made  in  the  rates,  fares,  and  charges 
which  have  been  established  and  published  as  aforesaid  by  any 
common  carrier  in  compliance  with  the  requirements  of  this  sec 
tion,  except  after  ten  days'  public  notice,  which  shall  plainly  state 
the  changes  proposed  to  be  made  in  the  schedule  then  in  force, 
and  the  time  when  the  increased  rates,  fares,  or  charges  will  go 
into  effect ;  and  the  proposed  changes  shall  be  shown  by  printing 
new  schedules,  or  shall  be  plainly  indicated  upon  the  schedules  in 
force  at  the  time  and  kept  for  public  inspection.  Reductions  in 
such  published  rates,  fares,  or  charges  may  be  made  without  pre 
vious  public  notice ;  but  whenever  any  such  reduction  is  made, 
notice  of  the  same  shall  immediately  be  publicly  posted  and  the 
changes  made  shall  immediately  be  made  public  by  printing  new 
schedules,  or  shall  immediately  be  plainly  indicated  upon  the 
schedules  at  the  time  in  force  and  kept  for  public  inspection.1 

And  when  any  such  common  carrier  shall  have  established  and 
published  its  rates,  fares,  and  charges  in  compliance  with  the  pro 
visions  of  this  section,  it  shall  be  unlawful  for  such  common  carrier 
to  charge,  demand,  collect,  or  receive  from  any  person  or  persons 
a  greater  or  less  compensation  for  the  transportation  of  passengers 
or  property,  or  for  any  services  in  connection  therewith,  than  is 

1  Amended  by  act  of  March  2,  1889,  sec.  i,  to  read :  "  Reductions  in  such  pub 
lished  rates,  fares,  or  charges  shall  only  be  made  after  three  days'  previous  public 
notice,  to  be  given  in  the  same  manner  that  notice  of  an  advance  in  rates  must  be 
given." 


358  INTERSTATE   COMMERCE  ACT  [Feb.  4 

specified  in  such  published  schedule  of  rates,  fares,  and  charges  as 
may  at  the  time  be  in  force. 

Every  common  carrier  subject  to  the  provisions  of  this  act  shall 
file  with  the  Commission  hereinafter  provided  for  copies  of  its 
schedules  of  rates,  fares,  and  charges  which  have  been  established 
and  published  in  compliance  with  the  requirements  of  this  section, 
and  shall  promptly  notify  said  Commission  of  all  changes  made  in 
the  same.  Every  such  common  carrier  shall  also  file  with  said 
Commission  copies  of  all  contracts,  agreements,  or  arrangements 
with  other  common  carriers  in  relation  to  any  traffic  affected  by 
the  provisions  of  this  act  to  which  it  may  be  a  party.  And  in 
cases  where  passengers  and  freight  pass  over  continuous  lines  or 
routes  operated  by  more  than  one  common  carrier,  and  the  several 
common  carriers  operating  such  lines  or  routes  establish  joint 
tariffs  of  rates  or  fares  or  charges  for  such  continuous  lines  or 
routes,  copies  of  such  joint  tariffs  shall  also,  in  like  manner,  be 
filed  with  said  Commission.  Such  joint  rates,  fares,  and  charges 
on  such  continuous  lines  so  filed  as  aforesaid  shall  be  made  public 
by  such  common  carriers  when  directed  by  said  Commission,  in 
so  far  as  may,  in  the  judgment  of  the  Commission,  be  deemed 
practicable ;  and  said  Commission  shall  from  time  to  time  pre 
scribe  the  measure  of  publicity  which  shall  be  given  to  such  rates, 
fares,  and  charges,  or  to  such  part  of  them  as  it  may  deem  it 
practicable  for  such  common  carriers  to  publish,  and  the  places  in 
which  they  shall  be  published;1  but  no  common  carrier  party  to 
any  such  joint  tariff  shall  be  liable  for  the  failure  of  any  other  com 
mon  carrier  party  thereto  to  observe  and  adhere  to  the  rates, 
fares,  or  charges  thus  made  and  published.2 

1  The  remainder  of  the  sentence  is  omitted  in  the  amended  form  of  the  section 
contained  in  the  act  of  March  2,  1889,  sec.  i. 

2  The  act  of  March  2,  1889,  sec.  i,  inserts  between  this  paragraph  and  the  next 
the  following : 

"  No  advance  shall  be  made  in  joint  rates,  fares,  and  charges,  shown  upon  joint 
tariffs,  except  after  ten  days'  notice  to  the  Commission,  which  shall  plainly  state  the 
changes  proposed  to  be  made  in  the  schedule  then  in  force,  and  the  time  when  the 
increased  rates,  fares,  or  charges  will  go  into  effect.  No  reduction  shall  be  made 
in  joint  rates,  fares,  and  charges,  except  after  three  days'  notice,  to  be  given  to  the 
Commission  as  is  above  provided  in  the  case  of  an  advance  of  joint  rates.  The 


1887]  INTERSTATE  COMMERCE  ACT  359 

If  any  such  common  carrier  shall  neglect  or  refuse  to  file  01 
publish  its  schedules  or  tariffs  of  rates,  fares,  and  charges  as  pro 
vided  in  this  section,  or  any  part  of  the  same,  such  common  carrier 
shall,  in  addition  to  other  penalties  herein  prescribed,  be  subject 
to  a  writ  of  mandamus,  to  be  issued  by  any  circuit  court  of  the 
United  States  in  the  judicial  district  wherein  the  principal  office 
of  said  common  carrier  is  situated  or  wherein  such  offense  may 
be  committed,  and  if  such  common,  carrier  be  a  foreign  corpora 
tion,  in  the  judicial  circuit  wherein  such  common  carrier  accepts 
traffic  and  has  an  agent  to  perform  such  service,  to  compel  com 
pliance  with  the  aforesaid  provisions  of  this  section;  and  such 
writ  shall  issue  in  the  name  of  the  people  of  the  United  States,  at 
the  relation  of  the  Commissioners  appointed  under  the  provisions 
of  this  act ;  and  failure  to  comply  with  its  requirements  shall  be 
punishable  as  and  for  a  contempt ;  and  the  said  Commissioners, 
as  complainants,  may  also  apply,  in  any  such  circuit  court  of  the 
United  States,  for  a  writ  of  injunction  against  such  common  car 
rier,  to  restrain  such  common  carrier  from  receiving  or  transport 
ing  property  among  the  several  States  and  Territories  of  the 
United  States,  or  between  the  United  States  and  adjacent  foreign 
countries,  or  between  ports  of  transshipment  and  of  entry  and  the 
several  States  and  Territories  of  the  United  States,  as  mentioned  in 
the  first  section  of  this  act,  until  such  common  carrier  shall  have 
complied  with  the  aforesaid  provisions  of  this  section  of  this  act. 


Commission  may  make  public  such  proposed  advances,  or  such  reductions,  in  such 
manner  as  may,  in  its  judgment,  be  deemed  practicable,  and  may  prescribe  from 
time  to  time  the  measure  of  publicity  which  common  carriers  shall  give  to  advances 
or  reductions  in  joint  tariffs. 

"  It  shall  be  unlawful  for  any  common  carrier,  party  to  any  joint  tariff,  to  charge, 
demand,  collect,  or  receive  from  any  person  or  persons  a  greater  or  less  compensa 
tion  for  the  transportation  of  persons  or  property,  or  for  any  services  in  connection 
therewith,  between  any  points  as  to  which  a  joint  rate,  fare,  or  charge  is  named 
thereon  than  is  specified  in  the  schedule  filed  with  the  Commission  in  force  at  the 
time. 

11  The  Commission  may  determine  and  prescribe  the  form  in  which  the  sched 
ules  required  by  this  section  to  be  kept  open  to  public  inspection  shall  be  prepared 
and  arranged,  and  may  change  the  form  from  time  to  time  as  shall  be  found 
expedient." 


360  INTERSTATE  COMMERCE  ACT  [Feb.  4 

SEC.  7.  That  it  shall  be  unlawful  for  any  common  carrier  subject 
to  the  provisions  of  this  act  to  enter  into  any  combination,  contract, 
or  agreement,  expressed  or  implied,  to  prevent,  by  change  of  time 
schedule,  carriage  in  different  cars,  or  by  other  means  or  devices, 
the  carriage  of  freights  from  being  continuous  from  the  place  of 
shipment  to  the  place  of  destination ;  and  no  break  of  bulk,  stop 
page,  or  interruption  made  by  such  common  carrier  shall  prevent 
the  carriage  of  freights  from  being  and  being  treated  as  one  con 
tinuous  carriage  from  the  place  of  shipment  to  the  place  of  desti 
nation,  unless  such  break,  stoppage,  or  interruption  was  made  in 
good  faith  for  some  necessary  purpose,  and  without  any  intent  to 
avoid  or  unnecessarily  interrupt  such  continuous  carriage  or  to 
evade  any  of  the  provisions  of  this  act. 

SEC.  8.  That  in  case  any  common  carrier  subject  to  the  pro 
visions  of  this  act  shall  do,  cause  to  be  done,  or  permit  to  be  done 
any  act,  matter,  or  thing  in  this  act  prohibited  or  declared  to  be 
unlawful,  or  shall  omit  to  do  any  act,  matter,  or  thing  in  this  act 
required  to  be  done,  such  common  carrier  shall  be  liable  to  the 
person  or  persons  injured  thereby  for  the  full  amount  of  damages 
sustained  in  consequence  of  any  such  violation  of  the  provisions 
of  this  act,  together  with  a  reasonable  counsel  or  attorney's  fee,  to 
be  fixed  by  the  court  in  every  case  of  recovery,  which  attorney's 
fee  shall  be  taxed  and  collected  as  part  of  the  costs  in  the  case. 

SEC.  9.  That  any  person  or  persons  claiming  to  be  damaged  by 
any  common  carrier  subject  to  the  provisions  of  this  act  may 
either  make  complaint  to  the  Commission  as  hereinafter  provided 
for,  or  may  bring  suit  in  his  or  their  own  behalf  for  the  recovery 
of  the  damages  for  which  such  common  carrier  may  be  liable 
under  the  provisions  of  this  act,  in  any  district  or  circuit  court  of 
the  United  States  of  competent  jurisdiction ;  but  such  person  or 
persons  shall  not  have  the  right  to  pursue  both  of  said  remedies, 
and  must  in  each  case  elect  which  one  of  the  two  methods  of  pro 
cedure  herein  provided  for  he  or  they  will  adopt.  In  any  such 
action  brought  for  the  recovery  of  damages  the  court  before  which 
the  same  shall  be  pending  may  compel  any  director,  officer,  re 
ceiver,  trustee,  or  agent  of  the  corporation  or  company  defendant  in 


1 887]  INTERSTATE  COMMERCE  ACT  361 

such  suit  to  attend,  appear,  and  testify  in  such  case,  and  may  com 
pel  the  production  of  the  books  and  papers  of  such  corporation 
or  company  party  to  any  such  suit ;  the  claim  that  any  such  testi 
mony  or  evidence  may  tend  to  criminate  the  person  giving  such 
evidence  shall  not  excuse  such  witness  from  testifying,  but  such 
evidence  or  testimony  shall  not  be  used  against  such  person  on 
the  trial  of  any  criminal  proceeding. 

SEC.  10.  That  any  common  carrier  subject  to  the  provisions  of 
this  act,  or,  whenever  such  common  carrier  is  a  corporation,  any 
director  or  officer  thereof,  or  any  receiver,  trustee,  lessee,  agent, 
or  person  acting  for  or  employed  by  such  corporation,  who,  alone 
or  with  any  other  corporation,  company,  person,  or  party,  shall 
willfully  do  or  cause  to  be  done,  or  shall  willingly  suffer  or  permit 
to  be  done,  any  act,  matter,  or  thing  in  this  act  prohibited  or 
declared  to  be  unlawful,  or  who  shall  aid  or  abet  therein,  or  who 
shall  willfully  omit  or  fail  to  do  any  act,  matter,  or  thing  in  this  act 
required  to  be  done,  or  shall  cause  or  willingly  suffer  or  permit 
any  act,  matter,  or  thing  so  directed  or  required  by  this  act  to  be 
done  not  to  be  done  so,  or  shall  aid  or  abet  any  such  omission  or 
failure,  or  shall  be  guilty  of  any  infraction  of  this  act,  or  shall  aid 
or  abet  therein,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction  thereof  in  any  district  court  of  the  United 
States  within  the  jurisdiction  of  which  such  offense  was  committed, 
be  subject  to  a  fine  of  not  to  exceed  five  thousand  dollars  for  each 
offense.1 


I  The  act  of  March  2,  1889,  sec.  2,  adds  the  following  proviso  and  additional 
sections :  "  Provided,  That  if  the  offense  for  which  any  person  shall  be  convicted  as 
aforesaid  shall  be  an  unlawful  discrimination  in  rates,  fares,  or  charges,  for  the 
transportation  of  passengers  or  property,  such  person  shall,  in  addition  to  the  fine 
hereinbefore  provided  for,  be  liable  to  imprisonment  in  the  penitentiary  for  a  term 
of  not  exceeding  two  years,  or  both  such  fine  and  imprisonment,  in  the  discretion 
of  the  court. 

II  Any  common  carrier  subject  to  the  provisions  of  this  act,  or,  whenever  such 
common  carrier  is  a  corporation,  any  officer  or  agent  thereof,  or  any  person  acting 
for  or  employed  by  such  corporation,  who,  by  means  of  false  billing,  false  classifica 
tion,  false  weighing,  or  false  report  of  weight,  or  by  any  other  device  or  means, 
shall  knowingly  and  willfully  assist,  or  shall  willingly  suffer  or  permit,  any  person 
or  persons  to  obtain  transportation  for  property  at  less  than  the  regular  rates  then 


362  INTERSTATE  COMMERCE  ACT  [Feb.  4 

SEC.  1 1 .  That  a  Commission  is  hereby  created  and  established 
to  be  known  as  the  Inter-State  Commerce  Commission,  which  shall 
be  composed  of  five  Commissioners,  who  shall  be  appointed  by 
the  President,  by  and  with  the  advice  and  consent  of  the  Senate. 
The  Commissioners  first  appointed  under  this  act  shall  continue 
in  office  for  the  term  of  two,  three,  four,  five,  and  six  years,  respec 
tively,  from  the  first  day  of  January,  anno  Domini  eighteen  hun- 


established  and  in  force  on  the  line  of  transportation  of  such  common  carrier,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof  in  any 
court  of  the  United  States  of  competent  jurisdiction  within  the  district  in  which 
such  offense  was  committed,  be  subject  to  a  fine  of  not  exceeding  five  thousand 
dollars,  or  imprisonment  in  the  penitentiary  for  a  term  of  not  exceeding  two  years, 
or  both,  in  the  discretion  of  the  court,  for  each  offense. 

"  Any  person  and  any  officer  or  agent  of  any  corporation  or  company  who  shall 
deliver  property  for  transportation  to  any  common  carrier,  subject  to  the  provisions 
of  this  act,  or  for  whom  as  consignor  or  consignee  any  such  carrier  shall  transport 
property,  who  shall  knowingly  and  willfully,  by  false  billing,  false  classification, 
false  weighing,  false  representation  of  the  contents  of  the  package,  or  false  report  of 
weight,  or  by  any  other  device  or  means,  whether  with  or  without  the  consent  or 
connivance  of  the  carrier,  its  agent  or  agents,  obtain  transportation  for  such  property 
at  less  than  the  regular  rates  then  established  and  in  force  on  the  line  of  trans 
portation,  shall  be  deemed  guilty  of  fraud,  which  is  hereby  declared  to  be  a  misde 
meanor,  and  shall,  upon  conviction  thereof  in  any  court  of  the  United  States  of 
competent  jurisdiction  within  the  district  in  which  such  offense  was  committed,  be 
subject  for  each  offense  to  a  fine  of  not  exceeding  five  thousand  dollars  or  impris 
onment  in  the  penitentiary  for  a  term  of  not  exceeding  two  years,  or  both,  in  the 
discretion  of  the  court 

"  If  any  such  person,  or  any  officer  or  agent  of  any  such  corporation  or  com 
pany,  shall,  by  payment  of  money  or  other  thing  of  value,  solicitation,  or  otherwise, 
induce  any  common  carrier  subject  to  the  provisions  of  this  act,  or  any  of  its 
officers  or  agents,  to  discriminate  unjustly  in  his,  its,  or  their  favor  as  against  any 
other  consignor  or  consignee  in  the  transportation  of  property,  or  shall  aid  or  abet 
any  common  carrier  in  any  such  unjust  discrimination,  such  person,  or  such  officer 
or  agent  of  such  corporation  or  company,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  thereof  in  any  court  of  the  United  States  of  competent 
jurisdiction  within  the  district  in  which  such  offense  was  committed,  be  subject  to 
a  fine  of  not  exceeding  five  thousand  dollars,  or  imprisonment  in  the  penitentiary 
for  a  term  of  not  exceeding  two  years,  or  both,  in  the  discretion  of  the  court,  for 
each  offense;  and  such  person,  corporation,  or  company  shall  also,  together  with 
said  common  carrier,  be  liable,  jointly  or  severally,  in  an  action  on  the  case  to  be 
brought  by  any  consignor  or  consignee  discriminated  against  in  any  court  of  the 
United  States  of  competent  jurisdiction  for  all  damages  caused  by  or  resulting 
therefrom." 


1 887]  INTERSTATE  COMMERCE  ACT  363 

dred  and  eighty-seven,  the  term  of  each  to  be  designated  by  the 
President ;  but  their  successors  shall  be  appointed  for  terms  of 
six  years,  except  that  any  person  chosen  to  fill  a  vacancy  shall  be 
appointed  only  for  the  unexpired  term  of  the  Commissioner  whom 
he  shall  succeed.  Any  Commissioner  may  be  removed  by  the 
President  for  inefficiency,  neglect  of  duty,  or  malfeasance  in  office. 
Not  more  than  three  of  the  Commissioners  shall  be  appointed  from 
the  same  political  party.  No  person  in  the  employ  of  or  holding 
any  official  relation  to  any  common  carrier  subject  to  the  provi 
sions  of  this  act,  or  owning  stock  or  bonds  thereof,  or  who  is  in  any 
manner  pecuniarily  interested  therein,  shall  enter  upon  the  duties 
of  or  hold  such  office.  Said  Commissioners  shall  not  engage  in 
any  other  business,  vocation,  or  employment.  No  vacancy  in  the 
Commission  shall  impair  the  right  of  the  remaining  Commissioners 
to  exercise  all  the  powers  of  the  Commission. 

SEC.  12.  That  the  Commission  hereby  created  shall  have  author 
ity  to  inquire  into  the  management  of  the  business  of  all  common 
carriers  subject  to  the  provisions  of  this  act,  and  shall  keep  itself 
informed  as  to  the  manner  and  method  in  which  the  same  is  con 
ducted,  and  shall  have  the  right  to  obtain  from  such  common 
'carriers  full  and  complete  information  necessary  to  enable  the 
Commission  to  perform  the  duties  and  carry  out  the  objects  for 
which  it  was  created ;  and  for  the  purposes  of  this  act  the  Com 
mission  shall  have  power  to  require  the  attendance  and  testimony 
of  witnesses  and  the  production  of  all  books,  papers,  tariffs,  con 
tracts,  agreements,  and  documents  relating  to  any  matter  under 
investigation,  and  to  that  end  may  invoke  the  aid  of  any  court  of 
the  United  States  in  requiring  the  attendance  and  testimony  of 
witnesses  and  the  production  of  books,  papers,  and  documents 
under  the  provisions  of  this  section.1 

!The  act  of  March  2,  1889,  sec.  3,  amends  the  last  part  of  this  section  to  read: 
11  and  the  Commission  is  hereby  authorized  and  required  to  execute  and  enforce 
the  provisions  of  this  act  ;  and,  upon  the  request  of  the  Commission,  it  shall  be 
the  duty  of  any  district  attorney  of  the  United  States  to  whom  the  Commission 
may  apply  to  institute  in  the  proper  court  and  to  prosecute,  under  the  direction  of 
the  Attorney-General  of  the  United  States,  all  necessary  proceedings  for  the  en 
forcement  of  the  provisions  of  this  act,  and  for  the  punishment  of  ajl  violations 


364  INTERSTATE  COMMERCE  ACT  [Feb.  4 

And  any  of  the  circuit  courts  of  the  United  States  within  the 
jurisdiction  of  which  such  inquiry  is  carried  on  may,  in  case  of 
contumacy  or  refusal  to  obey  a  subpoena  issued  to  any  common 
carrier  subject  to  the  provisions  of  this  act,  or  other  person,  issue 
an  order  requiring  such  common  carrier  or  other  person  to  appear 
before  said  Commission  (and  produce  books  and  papers  if  so  or 
dered)  and  give  evidence  touching  the  matter  in  question ;  and 
any  failure  to  obey  such  order  of  the  court  may  be  punished  by 
such  court  as  a  contempt  thereof.  The  claim  that  any  such  testi 
mony  or  evidence  may  tend  to  criminate  the  person  giving  such 
evidence  shall  not  excuse  such  witness  from  testifying ;  but  such 
evidence  or  testimony  shall  not  be  used  against  such  person  on 
the  trial  of  any  criminal  proceeding. 

SEC.  13.  That  any  person,  firm,  corporation,  or  association,  or 
any  mercantile,  agricultural,  or  manufacturing  society,  or  any  body 
politic  or  municipal  organization  complaining  of  anything  done 
or  omitted  to  be  done  by  any  common  carrier  subject  to  the  pro 
visions  of  this  act  in  contravention  of  the  provisions  thereof,  may 
apply  to  said  Commission  by  petition,  which  shall  briefly  state  the 
facts ;  whereupon  a  statement  of  the  charges  thus  made  shall  be 
forwarded  by  the  Commission  to  such  common  carrier,  who  shall 
be  called  upon  to  satisfy  the  complaint  or  to  answer  the  same  in 
writing  within  a  reasonable  time,  to  be  specified  by  the  Commis 
sion.  If  such  common  carrier,  within  the  time  specified,  shall 


thereof;  and  the  costs  and  expenses  of  such  prosecution  shall  be  paid  out  of  the 
appropriation  for  the  expenses  of  the  courts  of  the  United  States ;  and  for  the  pur 
poses  of  this  act  the  Commission  shall  have  power  to  require,  by  subpoena,  the 
attendance  and  testimony  of  witnesses  and  the  production  of  all  books,  papers, 
tariffs,  contracts,  agreements,  and  documents  relating  to  any  matter  under  investi 
gation,  and  in  case  of  disobedience  to  a  subpoena,  the  Commission,  or  any  party 
to  a  proceeding  before  the  Commission,  may  invoke  the  aid  of  any  court  of  the 
United  States  in  requiring  the  attendance  and  testimony  of  witnesses  and  the  pro 
duction  of  books,  papers,  and  documents  under  the  provisions  of  this  section." 

An  act  of  February  10,  1891,  further  amended  the  foregoing  section  by  inserting 
after  the  word  "  investigation,"  the  words,  "  Such  attendance  of  witnesses,  and  the 
production  of  such  documentary  evidence,  may  be  required  from  any  place  in  the 
United  States,  at  any  designated  place  of  hearing."  Detailed  provision  was  also 
made  for  taking  testimony  by  deposition. 


1887]  INTERSTATE  COMMERCE  ACT  365 

make  reparation  for  the  injury  alleged  to  have  been  done,  said  car 
rier  shall  be  relieved  of  liability  to  the  complainant  only  for  the 
particular  violation  of  law  thus  complained  of.  If  such  carrier 
shall  not  satisfy  the  complaint  within  the  time  specified,  or  there 
shall  appear  to  be  any  reasonable  ground  for  investigating  said 
complaint,  it  shall  be  the  duty  of  the  Commission  to  investigate 
the  matters  complained  of  in  such  manner  and  by  such  means  as 
it  shall  deem  proper. 

Said  Commission  shall  in  like  manner  investigate  any  complaint 
forwarded  by  the  railroad  commissioner  or  railroad  commission  of 
any  State  or  Territory,  at  the  request  of  such  commissioner  or 
commission,  and  may  institute  any  inquiry  on  its  own  motion  in 
the  same  manner  and  to  the  same  effect  as  though  complaint  had 
been  made. 

No  complaint  shall  at  any  time  be  dismissed  because  of  the 
absence  of  direct  damage  to  the  complainant. 

SEC.  14.  That  whenever  an  investigation  shall  be  made  by  said 
Commission,  it  shall  be  its  duty  to  make  a  report  in  writing  in  re 
spect  thereto,  which  shall  include  the  findings  of  fact  upon  which 
the  conclusions  of  the  Commission  are  based,  together  with  its 
recommendation  as  to  what  reparation,  if  any,  should  be  made  by 
the  common  carrier  to  any  party  or  parties  who  may  be  found  to 
have  been  injured ;  and  such  findings  so  made  shall  thereafter,  in 
all  judicial  proceedings,  be  deemed  prima  facie  evidence  as  to 
each  and  every  fact  found.  .  .  . 

SEC.  15.  That  if  in  any  case  in  which  an  investigation  shall  be 
made  by  said  Commission  it  shall  be  made  to  appear  to  the  satis 
faction  of  the  Commission,  either  by  the  testimony  of  witnesses 
or  other  evidence,  that  anything  has  been  done  or  omitted  to  be 
done  in  violation  of  the  provisions  of  this  act,  or  of  any  law  cog 
nizable  by  said  Commission,  by  any  common  carrier,  or  that  any 
injury  or  damage  has  been  sustained  by  the  party  or  parties  com 
plaining,  or  by  other  parties  aggrieved  in  consequence  of  any  such 
violation,  it  shall  be  the  duty  of  the  Commission  to  forthwith  cause 
a  copy  of  its  report  in  respect  thereto  to  be  delivered  to  such 
common  carrier,  together  with  a  notice  to  said  common  carrier 


366  INTERSTATE  COMMERCE  ACT  [Feb.  4 

to  cease  and  desist  from  such  violation,  or  to  make  reparation  for 
the  injury  so  found  to  have  been  done,  or  both,  within  a  reason 
able  time,  to  be  specified  by  the  Commission ;  and  if,  within  the 
time  specified,  it  shall  be  made  to  appear  to  the  Commission  that 
such  common  carrier  has  ceased  from  such  violation  of  law,  and 
has  made  reparation  for  the  injury  found  to  have  been  done,  in 
compliance  with  the  report  and  notice  of  the  Commission,  or  to 
the  satisfaction  of  the  party  complaining,  a  statement  to  that  effect 
shall  be  entered  of  record  by  the  Commission,  and  the  said  com 
mon  carrier  shall  thereupon  be  relieved  from  further  liability  or 
penalty  for  such  particular  violation  of  law. 

SEC.  1 6.  That  whenever  any  common  carrier,  as  defined  in  and 
subject  to  the  provisions  of  this  act,  shall  violate  or  refuse  or  neg 
lect  to  obey  any  lawful  order  or  requirement  of  the  Commission 
in  this  act  named,1  it  shall  be  the  duty  of  the  Commission,  and 
lawful  for  any  company  or  person  interested  in  such  order  or  re 
quirement,  to  apply,  in  a  summary  way,  by  petition,  to  the  circuit 
court  of  the  United  States  sitting  in  equity  in  the  judicial  district 
in  which  the  common  carrier  complained  of  has  its  principal  office, 
or  in  which  the  violation  or  disobedience  of  such  order  or  require 
ment  shall  happen,  alleging  such  violation  or  disobedience,  as  the 
case  may  be ;  and  the  said  court  shall  have  power  to  hear  and 
determine  the  matter,  on  such  short  notice  to  the  common  carrier 
complained  of  as  the  court  shall  deem  reasonable  ;  and  such  notice 
may  be  served  on  such  common  carrier,  his  or  its  officers,  agents, 
or  servants,  in  such  manner  as  the  court  shall  direct ;  and  said 
court  shall  proceed  to  hear  and  determine  the  matter  speedily  as 
a  court  of  equity,  and  without  the  formal  pleadings  and  proceed 
ings  applicable  to  ordinary  suits  in  equity,  but  in  such  manner  as 
to  do  justice  in  the  premises ;  and  to  this  end  such  court  shall 
have  power,  if  it  think  fit,  to  direct  and  prosecute,  in  such  mode 
and  by  such  persons  as  it  may  appoint,  all  such  inquiries  as  the 
court  may  think  needful  to  enable  it  to  form  a  just  judgment  in 

1  The  act  of  March  2,  1889,  sec.  5,  inserts  the  words :  "  not  founded  upon  a  con 
troversy  requiring  a  trial  by  jury,  as  provided  by  the  seventh  amendment  to  the 
Constitution  of  the  United  States." 


1887]  INTERSTATE  COMMERCE  ACT  367 

the  matter  of  such  petition ;  and  on  such  hearing  the  report  of 
said  Commission  1  shall  be  prima  facie  evidence  of  the  matters 
therein  stated ;  and  if  it  be  made  to  appear  to  such  court,  on 
such  hearing  or  on  report  of  any  such  person  or  persons,  that 
the  lawful  order  or  requirement  of  said  Commission  drawn  in  ques 
tion  has  been  violated  or  disobeyed,  it  shall  be  lawful  for  such 
court  to  issue  a  writ  of  injunction  or  other  proper  process,  manda 
tory  or  otherwise,  to  restrain  such  common  carrier  from  further 
continuing  such  violation  or  disobedience  of  such  order  or  re 
quirement  of  said  Commission,  and  enjoining  obedience  to  the 
same;  and  in  case  of  any  disobedience  of  any  such  writ  of  injunc 
tion  or  other  proper  process,  mandatory  or  otherwise,  it  shall  be 
lawful  for  such  court  to  issue  writs  of  attachment,  or  any  other 
process  of  said  court  incident  or  applicable  to  writs  of  injunction 
or  other  proper  process,  mandatory  or  otherwise,  against  such 
common  carrier,  and  if  a  corporation,  against  one  or  more  of  the 
directors,  officers,  or  agents  of  the  same,  or  against  any  owner, 
lessee,  trustee,  receiver,  or  other  person  failing  to  obey  such  writ 
of  injunction  or  other  proper  process,  mandatory  or  otherwise ; 
and  said  court  may,  if  it  shall  think  fit,  make  an  order  directing 
such  common  carrier  or  other  person  so  disobeying  such  writ  of 
injunction  or  other  proper  process,  mandatory  or  otherwise,  to  pay 
such  sum  of  money  not  exceeding  for  each  carrier  or  person  in 
default  the  sum  of  five  hundred  dollars  for  every  day  after  a  day 
to  be  named  in  the  order  that  such  carrier  or  other  person  shall 
fail  to  obey  such  injunction  or  other  proper  process,  mandatory  or 
otherwise ;  and  such  moneys  shall  be  payable  as  the  court  shall 
direct,  either  to  the  party  complaining,  or  into  court  to  abide  the 
ultimate  decision  of  the  court,  or  into  the  Treasury ;  and  payment 
thereof  may,  without  prejudice  to  any  other  mode  of  recovering 
the  same,  be  enforced  by  attachment  or  order  in  the  nature  of 
a  writ  of  execution,  in  like  manner  as  if  the  same  had  been  re 
covered  by  a  final  decree  in  personam  in  such  court.  When  the 
subject  in  dispute  shall  be  of  the  value  of  two  thousand  dollars  or 

1  Amended  by  act  of  March  2,  1889,  sec.  5,  to  read :   "  the  findings  of  fact  in 
the  report  of  said  Commission,"  etc, 


368  INTERSTATE  COMMERCE  ACT  [Feb.  4 

more,  either  party  to  such  proceeding  before  said  court  may  appeal 
to  the  Supreme  Court  of  the  United  States,  under  the  same  regu 
lations  now  provided  by  law  in  respect  of  security  for  such  appeal ; 
but  such  appeal  shall  not  operate  to  stay  or  supersede  the  order 
of  the  court  or  the  execution  of  any  writ  or  process  thereon ; 
and  such  court  may,  in  every  such  matter,  order  the  payment  of 
such  costs  and  counsel  fees  as  shall  be  deemed  reasonable. 
Whenever  any  such  petition  shall  be  filed  or  presented  by  the 
Commission  it  shall  be  the  duty  of  the  district  attorney,  under 
the  direction  of  the  Attorney- General  of  the  United  States,  to 
prosecute  the  same ;  and  the  costs  and  expenses  of  such  prosecu 
tion  shall  be  paid  out  of  the  appropriation  for  the  expenses  of  the 
courts  of  the  United  States.  For  the  purposes  of  this  act,  except 
ing  its  penal  provisions,  the  circuit  courts  of  the  United  States 
shall  be  deemed  to  be  always  in  session.1 


1  Section  5  of  the  act  of  March  2,  1889,  inserts  the  following  paragraph,  ending 
with  the  last  sentence  oi  section  16  as  above  :  "  If  the  matters  involved  in  any  such 
order  or  requirement  of  said  Commission  are  founded  upon  a  controversy  requiring 
a  trial  by  jury,  as  provided  by  the  seventh  amendment  to  the  Constitution  of  the 
United  States,  and  any  such  common  carrier  shall  violate  or  refuse  or  neglect  to 
obey  or  perform  the  same,  after  notice  given  by  said  Commission  as  provided  in 
the  fifteenth  section  of  this  act,  it  shall  be  lawful  for  any  company  or  person  inter 
ested  in  such  order  or  requirement  to  apply  in  a  summary  way  by  petition  to  the 
circuit  court  of  the  United  States  sitting  as  a  court  of  law  in  the  judicial  district  in 
which  the  carrier  complained  of  has  its  principal  office,  or  in  which  the  violation 
or  disobedience  of  such  order  or  requirement  shall  happen,  alleging  such  violation 
or  disobedience  as  the  case  may  be ;  and  said  court  shall  by  its  order  then  fix  a 
time  and  place  for  the  trial  of  said  cause,  which  shall  not  be  less  than  twenty  nor 
more  than  forty  days  from  the  time  said  order  is  made,  and  it  shall  be  the  duty  of 
the  marshal  of  the  district  in  which  said  proceeding  is  pending  to  forthwith  serve  a 
copy  of  said  petition,  and  of  said  order,  upon  each  of  the  defendants,  and  it  shall 
be  the  duty  of  the  defendants  to  file  their  answers  to  said  petition  within  ten  days 
after  the  service  of  the  same  upon  them  as  aforesaid.  At  the  trial  [of]  the  findings 
of  fact  of  said  Commission  as  set  forth  in  its  report  shall  be  prima  facie  evidence 
of  the  matters  therein  stated,  and  if  either  party  shall  demand  a  jury  or  shall  omit 
to  waive  a  jury  the  court  shall,  by  its  order,  direct  the  marshal  forthwith  to  summon 
a  jury  to  try  the  cause ;  but  if  all  the  parties  shall  waive  a  jury  in  writing,  then  the 
court  shall  try  the  issues  in  said  cause  and  render  its  judgment  thereon.  If  the 
subject  in  dispute  shall  be  of  the  value  of  two  thousand  dollars  or  more  either 
party  may  appeal  to  the  Supreme  Court  of  the  United  States  under  the  same  regu 
lations  now  provided  by  law  in  respect  to  security  for  such  appeal ;  but  such  appeal 


1887]  INTERSTATE  COMMERCE  ACT  369 

SEC.  1 7.   [Procedure  by  and  before  the  Commission.] 

SEC.  1 8.   [Salaries,  expenses,  offices,  &c.] 

SEC.  19.  That  the  principal  office  of  the  Commission  shall  be 
in  the  city  of  Washington,  where  its  general  sessions  shall  be  held ; 
but  whenever  the  convenience  of  the  public  or  of  the  parties  may 
be  promoted  or  delay  or  expense  prevented  thereby,  the  Commis 
sion  may  hold  special  sessions  in  any  part  of  the  United  States. 
It  may,  by  one  or  more  of  the  Commissioners,  prosecute  any  in 
quiry  necessary  to  its  duties,  in  any  part  of  the  United  States,  into 
any  matter  or  question  of  fact  pertaining  to  the  business  of  any 
common  carrier  subject  to  the  provisions  of  this  act. 

SEC.  20.  That  the  Commission  is  hereby  authorized  to  require 
annual  reports  from  all  common  carriers  subject  to  the  provisions 
of  this  act,  to  fix  the  time  and  prescribe  the  manner  in  which  such 
reports  shall  be  made,  and  to  require  from  such  carriers  specific 
answers  to  all  questions  upon  which  the  Commission  may  need 
information.  Such  annual  reports  shall  show  in  detail  the  amount 
of  capital  stock  issued,  the  amounts  paid  therefor,  and  the  manner 
of  payment  for  the  same ;  the  dividends  paid,  the  surplus  fund, 
if  any,  and  the  number  of  stockholders ;  the  funded  and  floating 
debts  and  the  interest  paid  thereon ;  the  cost  and  value  of  the 
carrier's  property,  franchises,  and  equipment ;  the  number  of  em 
ployees  and  the  salaries  paid  each  class ;  the  amounts  expended 
for  improvements  each  year,  how  expended,  and  the  character  of 
such  improvements ;  the  earnings  and  receipts  from  each  branch 
of  business  and  from  all  sources ;  the  operating  and  other  ex 
penses  ;  the  balances  of  profit  and  loss ;  and  a  complete  exhibit 
of  the  financial  operations  of  the  carrier  each  year,  including  an 
annual  balance-sheet.  Such  reports  shall  also  contain  such  infor 
mation  in  relation  to  rates  or  regulations  concerning  fares  or 


must  be  taken  within  twenty  days  from  the  day  of  the  rendition  of  the  judgment 
of  said  circuit  court.  If  the  judgment  of  the  circuit  court  shall  be  in  favor  of  the 
party  complaining,  he  or  they  shall  be  entitled  to  recover  a  reasonable  counsel  or 
attorney's  fee,  to  be  fixed  by  the  court,  which  shall  be  collected  as  part  of  the  costs 
in  the  case.  For  the  purposes  of  this  act,  excepting  its  penal  provisions,  the  circuit 
courts  of  the  United  States  shall  be  deemed  to  be  always  in  session." 
2B 


3/0  INTERSTATE  COMMERCE  ACT  [Feb.  4 

freights,  or  agreements,  arrangements,  or  contracts  with  other 
common  carriers,  as  the  Commission  may  require ;  and  the  said 
Commission  may,  within  its  discretion,  for  the  purpose  of  enabling 
it  the  better  to  carry  out  the  purposes  of  this  act,  prescribe  (if  in 
the  opinion  of  the  Commission  it  is  practicable  to  prescribe  such 
uniformity  and  methods  of  keeping  accounts)  a  period  of  time 
within  which  all  common  carriers  subject  to  the  provisions  of  this 
act  shall  have,  as  near  as  may  be,  a  uniform  system  of  accounts, 
and  the  manner  in  which  such  accounts  shall  be  kept. 

SEC.  21.  That  the  Commission  shall,  on  or  before  the  first  day 
of  December  in  each  year,  make  a  report  to  the  Secretary  of  the 
Interior,  which  shall  be  by  him  transmitted  to  Congress,  and  copies 
of  which  shall  be  distributed  as  are  the  other  reports  issued  from 
the  Interior  Department.1  This  report  shall  contain  such  informa 
tion  and  data  collected  by  the  Commission  as  may  be  considered 
of  value  in  the  determination  of  questions  connected  with  the 
regulation  of  commerce,  together  with  such  recommendations  as 
to  additional  legislation  relating  thereto  as  the  Commission  may 
deem  necessary. 

SEC.  22.  That  nothing  in  this  act  shall  apply  to  the  carriage, 
storage,  or  handling  of  property  free  or  at  reduced  rates  for  the 
United  States,  State,  or  municipal  governments,  or  for  charitable 
purposes,  or  to  or  from  fairs  and  expositions  for  exhibition  thereat,2 
or  the  issuance  of  mileage,  excursion,  or  commutation  passenger 
tickets :  nothing  in  this  act  shall  be  construed  to  prohibit  any 
common  carrier  from  giving  reduced  rates  to  ministers  of  reli 
gion  ; 3  nothing  in  this  act  shall  be  construed  to  prevent  railroads 


1  By  act  of  March  2,  1889,  sec.  8,  it  was  provided  that  the  report  of  the  Commis 
sion  should  be  transmitted  directly  to  Congress. 

2  The  act  of  March  2,  1889,  sec.  9,  inserts  the  words,  "  or  the  free  carriage  of 
destitute  and  homeless  persons  transported  by  charitable  societies,  and  the  neces 
sary  agents  employed  in  such  transportation." 

8  The  act  of  March  2,  1889,  sec.  9,  inserts  the  words,  "  or  to  municipal  govern 
ments  for  the  transportation  of  indigent  persons,  or  to  inmates  of  the  National 
Homes  or  State  Homes  for  Disabled  Volunteer  Soldiers  and  of  Soldiers'  and 
Sailors'  Orphan  Homes,  including  those  about  to  enter  and  those  returning  horns 
after  discharge,  under  arrangements  with  the  boards  of  managers  of  said  homes." 


1887]  INTERSTATE  COMMERCE  ACT  37 1 

from  giving  free  carriage  to  their  own  officers  and  employees,  or 
to  prevent  the  principal  officers  of  any  railroad  company  or  com 
panies  from  exchanging  passes  or  tickets  with  other  railroad  com 
panies  for  their  officers  and  employees ;  and  nothing  in  this  act 
contained  shall  in  any  way  abridge  or  alter  the  remedies  now 
existing  at  common  law  or  by  statute,  but  the  provisions  of  this 
act  are  in  addition  to  such  remedies  :  Provided,  That  no  pending 
litigation  shall  in  any  way  be  affected  by  this  act. 

SEC.  23.    [Appropriation.] 

SEC.  24.  That  the  provisions  of  sections  eleven  and  eighteen 
of  this  act,  relating  to  the  appointment  and  organization  of  the 
Commission  herein  provided  for,  shall  take  effect  immediately,  and 
the  remaining  provisions  of  this  act  shall  take  effect  sixty  days 
after  its  passage.1 

APPROVED,  February  4,  1887. 

1  The  amendatory  act  of  March  2,  1889,  adds  the  following :  "  SEC.  10.  That 
the  circuit  and  district  courts  of  the  United  States  shall  have  jurisdiction  upon  the 
relation  of  any  person  or  persons,  firm,  or  corporation,  alleging  such  violation  by  a 
common  carrier,  of  any  of  the  provisions  of  the  act  to  which  this  is  a  supplement 
and  all  acts  amendatory  thereof,  as  prevents  the  relator  from  having  interstate  traf 
fic  moved  by  said  common  carrier  at  the  same  rates  as  are  charged,  or  upon  terms 
or  conditions  as  favorable  as  those  given  by  said  common  carrier  for  like  traffic 
under  similar  conditions  to  any  other  shipper,  to  issue  a  writ  or  writs  of  mandamus 
against  said  common  carrier,  commanding  such  common  carrier  to  move  and 
transport  the  traffic,  or  to  furnish  cars  or  other  facilities  for  transportation  for  the 
party  applying  for  the  writ ;  Provided,  That  if  any  question  of  fact  as  to  the  proper 
compensation  to  the  common  carrier  for  the  service  to  be  enforced  by  the  writ  is 
raised  by  the  pleadings,  the  writ  of  peremptory  mandamus  may  issue,  notwithstand 
ing  such  question  of  fact  is  undetermined,  upon  such  terms  as  to  security,  payment 
of  money  into  the  court,  or  otherwise,  as  the  court  may  think  proper,  pending  the 
determination  of  the  question  of  fact :  Provided,  That  the  remedy  hereby  given  by 
writ  of  mandamus  shall  be  cumulative,  and  shall  not  be  held  to  exclude  or  interfere 
with  other  remedies  provided  by  this  act  or  the  act  to  which  it  is  a  supplement." 


372  ALLOTMENT  OF  LANDS  TO  INDIANS  [Feb.  8 

No.    115.     Allotment  of  Lands  in  Severalty  to 

Indians 

February  8,  1887 

A  BILL  to  provide  for  the  allotment  of  lands  in  severalty  to  Indians  was 
introduced  in  the  Senate,  Decembers,  1885,  by  Dawes  of  Massachusetts,  and 
referred  to  the  Committee  on  Indian  Affairs.  The  bill  was  reported  Janu 
ary  28,  1886,  and  February  25  passed.  The  bill  was  reported  without  amend 
ment  in  the  House  April  20,  but  no  further  action  was  taken  during  the 
session.  December  15  the  bill  was  taken  up,  and  the  next  day  passed  the 
House.  The  Senate  disagreeing  to  the  amendments  of  the  House,  the  bill 
went  to  a  conference  committee.  The  report  of  the  committee  was  agreed 
to  by  the  House  January  21, 1887,  and  by  the  Senate  January  25.  An  amend 
ing  act  of  February  28,  1891,  extended  the  benefits  of  the  act  and  provided 
for  the  lease  of  allotments  in  certain  cases. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XXIV,  388-391.  For 
the  proceedings  see  the  House  and  Senate  Journals,  49th  Cong.,  1st  and  2d 
Sess.,  and  the  Cong.  Record. 

An  act  to  provide  for  the  allotment  of  lands  in  severalty  to  Indians  on  the 
various  reservations,  and  to  extend  the  protection  of  the  laws  of  the  United 
States  and  the  Territories  over  the  Indians,  and  for  other  purposes. 

Be  it  enacted  .  .  .,  That  in  all  cases  where  any  tribe  or  band 
of  Indians  has  been,  or  shall  hereafter  be,  located  upon  any  reser 
vation  created  for  their  use,  either  by  treaty  stipulation  or  by 
virtue  of  an  act  of  Congress  or  executive  order  setting  apart  the 
same  for  their  use,  the  President  of  the  United  States  be,  and  he 
hereby  is,  authorized,  whenever  in  his  opinion  any  reservation  or 
any  part  thereof  of  such  Indians  is  advantageous  for  agricultural 
and  grazing  purposes,  to  cause  said  reservation,  or  any  part  thereof, 
to  be  surveyed,  or  resurveyed  if  necessary,  and  to  allot  the  lands 
in  said  reservation  in  severalty  to  any  Indian[j]  located  thereon  in 
quantities  as  follows : 

To  each  head  of  a  family,  one-quarter  of  a  section ; 

To  each  single  person  over  eighteen  years  of  age,  one-eighth 
of  a  section ; 


1887]  ALLOTMENT  OF  LANDS  TO  INDIANS  373 

To  each  orphan  child  under  eighteen  years  of  age,  one-eighth 
of  a  section  ;  and 

To  each  other  single  person  under  eighteen  years  now  living, 
or  who  may  be  born  prior  to  the  date  of  the  order  of  the  Presi 
dent  directing  an  allotment  of  the  lands  embraced  in  any  reser 
vation,  one-sixteenth  of  a  section :  Provided,  That  in  case  there 
is  not  sufficient  land  in  any  of  said  reservations  to  allot  lands  to 
each  individual  of  the  classes  above  named  in  quantities  as  above 
provided,  the  lands  embraced  in  such  reservation  or  reservations 
shall  be  allotted  to  each  individual  of  each  of  said  classes  pro  rata 
in  accordance  with  the  provisions  of  this  act :  And  provided  further, 
That  where  the  treaty  or  act  of  Congress  setting  apart  such  reser 
vation  provides  for  the  allotment  of  lands  in  severalty  in  quantities 
in  excess  of  those  herein  provided,  the  President,  in  making  allot 
ments  upon  such  reservation,  shall  allot  the  lands  to  each  individ 
ual  Indian  belonging  thereon  in  quantity  as  specified  in  such 
treaty  or  act :  And  provided  further,  That  when  the  lands  allotted 
are  only  valuable  for  grazing  purposes,  an  additional  allotment  of 
such  grazing  lands,  in  quantities  as  above  provided,  shall  be  made 
to  each  individual. 

SEC.  2.  That  all  allotments  set  apart  under  the  provisions  of 
this  act  shall  be  selected  by  the  Indians,  heads  of  families  select 
ing  for  their  minor  children,  and  the  agents  shall  select  for  each 
orphan  child,  and  in  such  manner  as  to  embrace  the  improve 
ments  of  the  Indians  making  the  selection.  Where  the  improve 
ments  of  two  or  more  Indians  have  been  made  on  the  same  legal 
subdivision  of  land,  unless  they  shall  otherwise  agree,  a  provisional 
line  may  be  run  dividing  said  lands  between  them,  and  the  amount 
to  which  each  is  entitled  shall  be  equalized  in  the  assignment  of 
the  remainder  of  the  land  to  which  they  are  entitled  under  this 
act :  Provided,  That  if  any  one  entitled  to  an  allotment  shall  fail 
to  make  a  selection  within  four  years  after  the  President  shall 
direct  that  allotments  may  be  made  on  a  particular  reservation, 
the  Secretary  of  the  Interior  may  direct  the  agent  of  such  tribe  or 
band,  if  such  there  be,  and  if  there  be  no  agent,  then  a  special 
agent  appointed  for  that  purpose,  to  make  a  selection  for  such 


374  ALLOTMENT  OF  LANDS  TO  INDIANS  [Feb.  8 

Indian,  which  selection  shall  be  allotted  as  in  cases  where  selec 
tions  are  made  by  the  Indians,  and  patents  shall  issue  in  like 
manner. 

SEC.  3.  [Allotments  to  be  made  by  special  agents  and  Indian 
agents,  and  certified  to  the  Commissioner  of  Indian  Affairs.] 

SEC.  4.  That  where  any  Indian  not  residing  upon  a  reservation, 
or  for  whose  tribe  no  reservation  has  been  provided  by  treaty,  act 
of  Congress,  or  executive  order,  shall  make  settlement  upon  any 
surveyed  or  unsurveyed  lands  of  the  United  States  not  otherwise 
appropriated,  he  or  she  shall  be  entitled,  upon  application  to  the 
local  land- office  for  the  district  in  which  the  lands  are  located,  to 
have  the  same  allotted  to  him  or  her,  and  to  his  or  her  children, 
in  quantities  and  manner  as  provided  in  this  act  for  Indians  resid 
ing  upon  reservations ;  and  when  such  settlement  is  made  upon 
unsurveyed  lands,  the  grant  to  such  Indians  shall  be  adjusted  upon 
the  survey  of  the  lands  so  as  to  conform  thereto;  and  patents 
shall  be  issued  to  them  for  such  lands  in  the  manner  and  with  the 
restrictions  as  herein  provided.  ...» 

SEC.  5.  That  upon  the  approval  of  the  allotments  provided  for 
in  this  act  by  the  Secretary  of  the  Interior,  he  shall  cause  patents 
to  issue  therefor  in  the  name  of  the  allottees,  which  patents  shall 
be  of  the  legal  effect,  and  declare  that  the  United  States  does  and 
will  hold  the  land  thus  allotted,  for  the  period  of  twenty-five  years, 
in  trust  for  the  sole  use  and  benefit  of  the  Indian  to  whom  such 
allotment  shall  have  been  made,  or,  in  case  of  his  decease,  of  his 
heirs  according  to  the  laws  of  the  State  or  Territory  where  such 
land  is  located,  and  that  at  the  expiration  of  said  period  the  United 
States  will  convey  the  same  by  patent  to  said  Indian,  or  his  heirs 
as  aforesaid,  in  fee,  discharged  of  said  trust  and  free  of  all  charge 
or  incumbrance  whatsoever  :  Provided,  That  the  President  of  the 
United  States  may  in  any  case  in  his  discretion  extend  the  period. 
And  if  any  conveyance  shall  be  made  of  the  lands  set  apart  and 
allotted  as  herein  provided,  or  any  contract  made  touching  the 
same,  before  the  expiration  of  the  time  above  mentioned,  such  con 
veyance  or  contract  shall  be  absolutely  null  and  void  :  Provided, 
That  the  law  of  descent  and  partition  in  force  in  the  State  or  Ter- 


1887]  ALLOTMENT  OF   LANDS  TO  INDIANS  3/5 

ritory  where  such  lands  are  situate  shall  apply  thereto  after  patents 
therefor  have  been  executed  and  delivered,  except  as  herein  other 
wise  provided ;  and  the  laws  of  the  State  of  Kansas  regulating  the 
descent  and  partition  of  real  estate  shall,  so  far  as  practicable, 
apply  to  all  lands  in  the  Indian  Territory  which  may  be  allotted  in 
severally  under  the  provisions  of  this  act :  And  provided  further, 
That  at  any  time  after  lands  have  been  allotted  to  all  the  Indians 
of  any  tribe  as  herein  provided,  or  sooner  if  in  the  opinion  of  the 
President  it  shall  be  for  the  best  interests  of  said  tribe,  it  shall  be 
lawful  for  the  Secretary  of  the  Interior  to  negotiate  with  such 
Indian  tribe  for  the  purchase  and  release  by  said  tribe,  in  con 
formity  with  the  treaty  or  statute  under  which  such  reservation  is 
held,  of  such  portions  of  its  reservation  not  allotted  as  such  tribe 
shall,  from  time  to  time,  consent  to  sell,  on  such  terms  and  condi 
tions  as  shall  be  considered  just  and  equitable  between  the  United 
States  and  said  tribe  of  Indians,  which  purchase  shall  not  be  com 
plete  until  ratified  by  Congress,  and  the  form  and  manner  of  exe 
cuting  such  release  shall  also  be  prescribed  by  Congress  :  Provided 
however,  That  all  lands  adapted  to  agriculture,  with  or  without 
irrigation  so  sold  or  released  to  the  United  States  by  any  Indian 
tribe  shall  be  held  by  the  United  States  for  the  sole  purpose  of 
securing  homes  to  actual  settlers  and  shall  be  disposed  of  by  the 
United  States  to  actual  and  bona  fide  settlers  only  in  tracts  not 
exceeding  one  hundred  and  sixty  acres  to  any  one  person,  on  such 
terms  as  Congress  shall  prescribe,  subject  to  grants  which  Congress 
may  make  in  aid  of  education  :  And  provided  further.  That  no 
patents  shall  issue  therefor  except  to  the  person  so  taking  the  same 
as  and  for  a  homestead,  or  his  heirs,  and  after  the  expiration  of 
five  years  occupancy  thereof  as  such  homestead  ;  and  any  convey 
ance  of  said  lands  so  taken  as  a  homestead,  or  any  contract  touch 
ing  the  same,  or  lien  thereon,  created  prior  to  the  date  of  such 
patent,  shall  be  null  and  void.  And  the  sums  agreed  to  be  paid 
by  the  United  States  as  purchase  money  for  any  portion  of  any  such 
reservation  shall  be  held  in  the  Treasury  of  the  United  States  for 
the  sole  use  of  the  tribe  or  tribes  of  Indians  ;  to  whom  such  reser 
vations  belonged;  and  the  same,  with  interest  thereon  at  three 


3/6  ALLOTMENT  OF  LANDS  TO  INDIANS  [Feb.  8 

per  cent  per  annum,  shall  be  at  all  times  subject  to  appropriation 
by  Congress  for  the  education  and  civilization  of  such  tribe  or 
tribes  of  Indians  or  the  members  thereof.  .  .  .  And  if  any  reli 
gious  society  or  other  organization  is  now  occupying  any  of  the 
public  lands  to  which  this  act  is  applicable,  for  religious  or  educa 
tional  work  among  the  Indians,  the  Secretary  of  the  Interior  is 
hereby  authorized  to  confirm  such  occupation  to  such  society  or 
organization,  in  quantity  not  exceeding  one  hundred  and  sixty 
acres  in  any  one  tract,  so  long  as  the  same  shall  be  so  occupied, 
on  such  terms  as  he  shall  deem  just ;  but  nothing  herein  contained 
shall  change  or  alter  any  claim  of  such  society  for  religious  or 
educational  purposes  heretofore  granted  by  law.  And  hereafter 
in  the  employment  of  Indian  police,  or  any  other  employes  in  the 
public  service  among  any  of  the  Indian  tribes  or  bands  affected 
by  this  act,  and  where  Indians  can  perform  the  duties  required, 
those  Indians  who  have  availed  themselves  of  the  provisions  of 
this  act  and  become  citizens  of  the  United  States  shall  be 
preferred. 

SEC.  6.  That  upon  the  completion  of  said  allotments  and  the 
patenting  of  the  lands  to  said  allottees,  each  and  every  member 
of  the  respective  bands  or  tribes  of  Indians  to  whom  allotments 
have  been  made  shall  have  the  benefit  of  and  be  subject  to  the 
laws,  both  civil  and  criminal,  of  the  State  or  Territory  in  which 
they  may  reside ;  and  no  Territory  shall  pass  or  enforce  any  law 
denying  any  such  Indian  within  its  jurisdiction  the  equal  protec 
tion  of  the  law.  And  every  Indian  born  within  the  territorial 
limits  of  the  United  States  to  whom  allotments  shall  have  been 
made  under  the  provisions  of  this  act,  or  under  any  law  or  treaty, 
and  every  Indian  born  within  the  territorial  limits  of  the  United 
States  who  has  voluntarily  taken  up,  within  said  limits,  his  residence 
separate  and  apart  from  any  tribe  of  Indians  therein,  and  has 
adopted  the  habits  of  civilized  life,  is  hereby  declared  to  be  a  citi 
zen  of  the  United  States,  and  is  entitled  to  all  the  rights,  privileges, 
and  immunities  of  such  citizens,  whether  said  Indian  has  been  or 
not,  by  birth  or  otherwise,  a  member  of  any  tribe  of  Indians  within 
the  territorial  limits  of  the  United  States  without  in  any  manner 


1887]  REAL  ESTATE  IN  TERRITORIES  377 

impairing  or  otherwise  affecting  the  right  of  any  such  Indian  to 
tribal  or  other  property. 

SEC.  7.  [The  Secretary  of  the  Interior  to  prescribe  rules  for  use 
of  waters  for  irrigation.] 

SEC.  8.  That  the  provision  of  this  act  shall  not  extend  to  the 
territory  occupied  by  the  Cherokees,  Creeks,  Choctaws,  Chicka- 
saws,  Seminoles,  and  Osage,  Miamies  and  Peorias,  and  Sacs  and 
Foxes,  in  the  Indian  Territory,  nor  to  any  of  the  reservations  of 
the  Seneca  Nation  of  New  York  Indians  in  the  State  of  New  York, 
nor  to  that  strip  of  territory  in  the  State  of  Nebraska  adjoining 
the  Sioux  Nation  on  the  south  added  by  executive  order. 

SEC.  9.    [Appropriation  for  surveys.] 

SEC.  10.  That  nothing  in  this  act  contained  shall  be  so  con 
strued  as  to  affect  the  right  and  power  of  Congress  to  grant  the 
right  of  way  through  any  lands  granted  to  an  Indian,  or  a  tribe  of 
Indians,  for  railroads  or  other  highways,  or  telegraph  lines,  for  the 
public  use,  or  to  condemn  such  lands  to  public  uses,  upon  making 
just  compensation. 

SEC.  ii.  That  nothing  in  this  act  shall  be  so  construed  as  to 
prevent  the  removal  of  the  Southern  Ute  Indians  from  their  pres 
ent  reservation  in  Southwestern  Colorado  to  a  new  reservation  by 
and  with  the  consent  of  a  majority  of  the  adult  male  members  of 
said  tribe. 

APPROVED,  February  8,  1887. 


No.    1 1 6.     Ownership    of   Real   Estate  in  the 
Territories 

March  3,  1887 

A  BILL  to  restrict  the  ownership  of  real  estate  in  the  Territories  to  Ameri 
can  citizens  was  introduced  in  the  House,  January  n,  1886,  by  Lewis  E. 
Payson  of  Illinois,  and  referred  to  the  Committee  on  Public  Lands.  The 
bill  was  not  reported  until  July  31  ;  the  same  day  it  passed  the  House,  the 
vote  being  210  to  6,  106  not  voting.  The  Senate  passed  the  bill  with  amend- 


378  REAL  ESTATE  IN  TERRITORIES  [March  3 

ments  August  4.  The  House  referred  the  amended  bill,  and  the  session 
closed  without  further  action.  December  9  the  amendments  of  the  Senate 
were  disagreed  to,  and  the  bill  went  to  a  conference  committee.  The  report 
of  the  committee  was  agreed  to  by  the  Senate  February  26,  1887,  and  by  the 
House  two  days  later.  With  the  act  should  be  compared  the  act  of  March  2, 
1897  (No.  127, post}. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXIV,  476,  477.  For  the 
proceedings  see  the  House  and  Senate  Journals,  4gth  Cong.,  ist  and  2d  Sess., 
and  the  Cong.  Record.  The  text  of  the  House  bill  is  in  the  Record,  July 
31,  1886.  Various  statistical  exhibits  regarding  the  ownership  of  land  in  the 
United  States  by  aliens  are  to  be  found  in  the  debates. 

An  act  to  restrict  the  ownership  of  real  estate  in  the  Territories  to  American 
citizens,  and  so  forth. 

Be  it  enacted  .  .  .,  That  it  shall  be  unlawful  for  any  person  or 
persons  not  citizens  of  the  United  States,  or  who  have  not  lawfully 
declared  their  intention  to  become  such  citizens,  or  for  any  cor 
poration  not  created  by  or  under  the  laws  of  the  United  States  or 
of  some  State  or  Territory  of  the  United  States,  to  hereafter 
acquire,  hold,  or  own  real  estate  so  hereafter  acquired,  or  any 
interest  therein,  in  any  of  the  Territories  of  the  United  States  or 
in  the  District  of  Columbia,  except  such  as  may  be  acquired  by 
inheritance  or  in  good  faith  in  the  ordinary  course  of  justice  in 
the  collection  of  debts  heretofore  created :  Provided,  That  the 
prohibition  of  this  section  shall  not  apply  to  cases  in  which  the 
right  to  hold  or  dispose  of  lands  in  the  United  States  is  secured 
by  existing  treaties  to  the  citizens  or  subjects  of  foreign  countries, 
which  rights,  so  far  as  they  may  exist  by  force  of  any  such  treaty 
shall  continue  to  exist  so  long  as  such  treaties  are  in  force,  and  no 
longer. 

SEC.  2.  That  no  corporation  or  association  more  than  twenty 
per  centum  of  the  stock  of  which  is  or  may  be  owned  by  any  per 
son  or  persons,  corporation  or  corporations,  association  or  asso 
ciations,  not  citizens  of  the  United  States,  shall  hereafter  acquire 
or  hold  or  own  any  real  estate  hereafter  acquired  in  any  of  the 
Territories  of  the  United  States  or  of  the  District  of  Columbia. 

SEC.  3.  That  no  corporation  other  than  those  organized  for  the 
construction  or  operation  of  railways,  canals,  or  turnpikes  shall 


1887]  RETIREMENT  OF  THE  TRADE  DOLLAR  379 

acquire,  hold,  or  own  more  than  five  thousand  acres  of  land  in 
any  of  the  Territories  of  the  United  States ;  and  no  railroad, 
canal,  or  turnpike  corporation  shall  hereafter  acquire,  hold,  or 
own  lands  in  any  Territory,  other  than  as  may  be  necessary  for 
the  proper  operation  of  its  railroad,  canal,  or  turnpike,  except 
such  lands  as  may  have  been  granted  to  it  by  act  of  Congress. 
But  the  prohibition  of  this  section  shall  not  affect  the  title  to  any 
lands  now  lawfully  held  by  any  such  corporation. 

SEC.  4.  That  all  property  acquired,  held,  or  owned  in  violation 
of  the  provisions  of  this  act  shall  be  forfeited  to  the  United  States, 
and  it  shall  be  the  duty  of  the  Attorney-General  to  enforce  every 
such  forfeiture  by  bill  in  equity  or  other  proper  process.  And  in 
any  suit  or  proceeding  that  may  be  commenced  to  enforce  the 
provisions  of  this  act,  it  shall  be  the  duty  of  the  court  to  deter 
mine  the  very  right  of  the  matter  without  regard  to  matters  of 
form,  joinder  of  parties,  multifariousness,  or  other  matters  not 
affecting  the  substantial  rights  either  of  the  United  States  or  of 
the  parties  concerned  in  any  such  proceeding  arising  out  of  the 
matters  in  this  act  mentioned. 

APPROVED,  March  3,  1887. 


PNo.    1 1 7.     Retirement  of  the  Trade  Dollar 
7 

March  3,  1887 

A  BILL  for  the  retirement  and  re-coinage  of  the  trade  dollar,  whose  legal 
tender  character  had  been  taken  away  by  the  act  of  July  22,  1876  [No. 
100],  was  introduced  in  the  Senate,  December  8,  1885, by  John  I.Mitchell  of 
Pennsylvania,  and  referred  to  the  Committee  on  Finance,  in  whose  hands  it 
remained  throughout  the  session.  December  14,  1886,  the  bill  was  reported 
with  amendments,  and  on  the  1 7th  passed  the  Senate.  The  House  referred 
the  bill  to  the  Committee  on  Coinage,  Weights  and  Measures,  which  reported 
it,  January  15,  1887,  without  amendment.  February  12  a  substitute  offered 
by  Samuel  W.  T.  Lanham  of  Texas  was  agreed  to,  and  the  bill  passed,  the 
final  vote  being  174  to  36.  The  bill  received  its  final  form  from  a  conference 
committee.  The  report  of  the  committee  was  agreed  to  February  19,  in  the 


380  ANTI-POLYGAMY  ACr  [March  3 

Senate  by  a  vote  of  49  to  5,  and  in  the  House  without  a  division.     The  bill 
became  law  without  the  approval  of  the  President. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XXIV,  634,  635.  For  the 
proceedings  see  the  House  and  Senate  Journals,  49th  Cong.,  ist  and  2d  Sess., 
and  the  Cong.  Record.  The  report  submitted  in  the  House  January  15,  1887, 
is  House  Report  3616,  49th  Cong.,  2d  Sess. 

An  act  for  the  retirement  and  recoinage  of  the  trade-dollar. 

Be  it  enacted  .  .  .,  That  for  a  period  of  six  months  after  the 
passage  of  this  act,  United  States  trade- dollars,  if  not  defaced, 
mutilated,  or  stamped,  shall  be  received  at  the%  office  of  the 
Treasurer,  or  any  assistant  treasurer  of  the  United  States  in 
exchange  for  a  like  amount,  dollar  for  dollar,  of  standard  silver 
dollars,  or  of  subsidiary  coins  of  the  United  States. 

SEC.  2.  That  the  trade-dollars  received  by,  paid  to,  or  deposited 
with  the  Treasurer  or  any  assistant  treasurer  or  national  depositary 
of  the  United  States  shall  not  be  paid  out  or  in  any  other  man 
ner  issued,  but,  at  the  expense  of  the  United  States,  shall  be 
transmitted  to  the  coinage  mints  and  recoined  into  standard  silver 
dollars  or  subsidiary  coin,  at  the  discretion  of  the  Secretary  of 
the  Treasury:  Provided,  That  the  trade-dollars  recoined  under 
this  act  shall  not  be  counted  as  part  of  the  silver  bullion  required 
to  be  purchased  and  coined  into  standard  dollars  as  required  by 
the  act  of  February  twenty-eighth,  eighteen  hundred  and  seventy- 
eight. 

SEC.  3.  That  all  laws  and  parts  of  laws  authorizing  the  coinage 
and  issuance  of  United  States  trade-dollars  are  hereby  repealed. 


No.    1 1 8.     Anti-Polygamy  Act 

March  3,   1887 

IN  his  annual  message  of  December  8,  1885,  President  Cleveland  called 
attention  to  the  continued  spread  of  Mormonism  and  polygamy,  and  the  need 
of  further  legislation.  On  the  same  day  a  bill  to  amend  the  act  of  March  22, 
1882  [No.  105],  was  introduced  in  the  Senate  by  Edmunds  of  Vermont.  On 


1887]  ANTI-POLYGAMY  ACT  381 

the  2ist  the  Committee  on  the  Judiciary  reported  the  bill  without  amendment. 
January  8,  1886,  the  bill  passed  the  Senate  by  a  vote  of  38  to  7.  A  substitute 
was  reported  in  the  House  January  12,  1886,  and  the  bill  placed  on  the 
calendar,  where  it  remained  for  the  rest  of  the  session.  January  12,  1887, 
the  amended  bill  passed  the  House.  The  Senate  refused  to  concur  in  the 
House  amendments,  and  the  bill  was  given  its  final  form  by  a  conference 
committee.  The  report  of  the  committee  was  agreed  to  by  the  House, 
February  17,  by  a  vote  of  203  to  40,  75  not  voting,  and  by  the  Senate  on  the 
1 8th  by  a  vote  of  37  to  13.  The  bill  became  law  under  the  ten  days  rule. 
The  principal  debate  was  over  the  sections  dissolving  the  incorporation  of  the 
Mormon  Church  and  denying  the  elective  franchise  to  women.  A  joint  reso 
lution  of  October  25,  1893,  directed  the  restoration  to  the  church  of  the  per 
sonal  property  and  money  of  the  corporation  then  in  the  hands  of  a  receiver, 
"to  be  applied  under  the  direction  and  control  of  the  first  presidency  of  said 
church  to  the  charitable  uses  and  purposes  thereof,  that  is  to  say,  for  the  pay 
ment  of  the  debts  for  which  said  church  is  legally  or  equitably  liable,  for  the 
relief  of  the  poor  and  distressed  members  of  said  church,  for  the  education  of 
the  children  of  such  members,  and  for  the  building  and  repair  of  houses  of 
worship  for  the  use  of  said  church,  but  in  which  the  rightfulness  of  the  prac 
tice  of  polygamy  shall  not  be  inculcated." 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XXIV,  635-641.  For  the 
proceedings  see  the  House  and  Senate  Journals,  49th  Cong.,  ist  and  2d  Sess., 
and  the  Cong.  Record.  The  text  of  the  Senate  bill  of  January  8,  1886,  is  in 
the  Record,  January  12,  1887,  House  proceedings,  where  is  also  the  text  of  the 
substitute  reported  in  the  House  June  10.  See  House  Reports  2568  and  2733, 
49th  Cong.,  1st  Sess.;  House  Report 553,  5Oth  Cong.,  1st  Sess.;  Senate  Exec. 
Doc.  21,  5Oth  Cong.,  2d  Sess.  On  the  constitutionality  of  the  act  see  Romney 
v.  United  States,  136  U.S.  Reports,  I  ;  Mormon  Church  v.  United  States,  140 
ibid.,  665  ;  United  States  v.  Mormon  Church,  150  ibid.,  145. 

An  act  to  amend  an  act  entitled  "  An  act  to  amend  section  fifty-three  hundred 
and  fifty-two  of  the  Revised  Statutes  of  the  United  States,  in  reference  to 
bigamy,  and  for  other  purposes,"  approved  March  twenty-second,  eighteen 
hundred  and  eighty-two. 

[Sections  1-5  relate  to  testimony,  witnesses  and  process  in 
prosecutions  for  polygamy,  and  the  punishment  of  adultery  and 
other  crimes.] 

SEC.  6.  That  all  laws  of  the  legislative  assembly  of  the  Territory 
of  Utah  which  provide  that  prosecutions  for  adultery  can  only  be 
commenced  on  the  complaint  of  the  husband  or  wife  are  hereby 
disapproved  and  annulled ;  and  all  prosecutions  for  adultery  may 


382  ANTI-POLYGAMY  ACT  [March  3 

hereafter  be  instituted  in  the  same  way  that  prosecutions  for  other 
crimes  are. 

SEC.  7.  That  commissioners  appointed  by  the  supreme  court 
and  district  courts  in  the  Territory  of  Utah  shall  possess  and  may 
exercise  all  the  powers  and  jurisdiction  that  are  or  may  be  pos 
sessed  or  exercised  by  justices  of  the  peace  in  said  Territory 
under  the  laws  thereof,  and  the  same  powers  conferred  by  law 
on  commissoners  appointed  by  circuit  courts  of  the  United  States. 

SEC.  8.  That  the  marshal  of  said  Territory  of  Utah,  and  his 
deputies,  shall  possess  and  may  exercise  all  the  powers  in  execut 
ing  the  laws  of  the  United  States  or  of  said  Territory,  possessed 
and  exercised  by  sheriffs,  constables,  and  their  deputies  as  peace 
officers;  and  each  of  them  shall  cause  all  offenders  against  the 
law,  in  his  view,  to  enter  into  recognizance  to  keep  the  peace 
and  to  appear  at  the  next  term  of  the  court  having  jurisdiction 
of  the  case,  and  to  commit  to  jail  in  case  of  failure  to  give  such 
recognizance.  They  shall  quell  and  suppress  assaults  and  batteries, 
riots,  routs,  affrays,  and  insurrections. 

SEC.  9.  That  every  ceremony  of  marriage,  or  in  the  nature  of 
a  marriage  ceremony,  of  any  kind,  in  any  of  the  Territories  of 
the  United  States,  whether  either  or  both  or  more  of  the  parties 
to  such  ceremony  be  lawfully  competent  to  be  the  subjects  of 
such  marriage  or  ceremony  or  not,  shall  be  certified  by  a  certifi 
cate  stating  the  fact  and  nature  of  such  ceremony,  the  full  names 
of  each  of  the  parties  concerned,  and  the  full  name  of  every 
officer,  priest,  and  person,  by  whatever  style  or  designation  called 
or  known,  in  any  way  taking  part  in  the  performance  of  such 
ceremony,  which  certificate  shall  be  drawn  up  and  signed  by  the 
parties  to  such  ceremony  and  by  every  officer,  priest,  and  person 
taking  part  in  the  performance  of  such  ceremony,  and  shall  be  by 
the  officer,  priest,  or  other  person  solemnizing  such  marriage  or 
ceremony  filed  in  the  office  of  the  probate  court,  or,  if  there  be 
none,  in  the  office  of  court  having  probate  powers  in  the  county 
or  district  in  which  such  ceremony  shall  take  place,  for  record, 
and  shall  be  immediately  recorded,  and  be  at  all  times  subject 
to  inspection  as  other  public  records.  Such  certificate,  or  the 


1887]  ANTI-POLYGAMY  ACT  383 

record  thereof,  or  a  duly  certified  copy  of  such  record,  shall  be 
prima  facie  evidence  of  the  facts  required  by  this  act  to  be  stated 
therein,  in  any  proceeding,  civil  or  criminal,  in  which  the  matter 
shall  be  drawn  in  question.  [Punishment  for  violation.] 

SEC.  10.  That  nothing  in  this  act  shall  be  held  to  prevent  the 
proof  of  marriages,  whether  lawful  or  unlawful,  by  any  evidence 
now  legally  admissible  for  that  purpose. 

SEC.  ii.  That  the  laws  enacted  by  the  legislative  assembly  of 
the  Territory  of  Utah  which  provide  for  or  recognize  the  capacity 
of  illegitimate  children  to  inherit  or  to  be  entitled  to  any  distrib 
utive  share  in  the  estate  of  the  father  of  any  such  illegitimate 
child  are  hereby  disapproved  and  annulled;  and  no  illegitimate 
child  shall  hereafter  be  entitled  to  inherit  from  his  or  her  father 
or  to  receive  any  distributive  share  in  the  estate  of  his  or  her 
father :  Provided,  That  this  section  shall  not  apply  to  any  illegiti 
mate  child  born  within  twelve  months  after  the  passage  of  this 
act,  nor  to  any  child  made  legitimate  by  the  seventh  section  of 
the  act  ...  [of  March  22,  1882]. 

SEC.  1 2.  That  the  laws  enacted  by  the  legislative  assembly  of 
the  Territory  of  Utah  conferring  jurisdiction  upon  probate  courts, 
or  the  judges  thereof,  or  any  of  them,  in  said  Territory,  other 
than  in  respect  of  the  estates  of  deceased  persons,  and  in  respect 
of  the  guardianship  of  the  persons  and  property  of  infants,  and 
in  respect  of  the  persons  and  property  of  persons  not  of  sound 
mind,  are  hereby  disapproved  and  annulled ;  and  no  probate 
court  or  judge  of  probate  shall  exercise  any  jurisdiction  other 
than  in  respect  of  the  matters  aforesaid,  except  as  a  member  of 
a  county  court;  and  every  such  jurisdiction  so  by  force  of  this 
act  withdrawn  from  the  said  probate  courts  or  judges  shall  be  had 
and  exercised  by  the  district  courts  of  said  Territory  respectively. 

SEC.  13.  That  it  shall  be  the  duty  of  the  Attorney-General  of 
the  United  States  to  institute  and  prosecute  proceedings  to  forfeit 
and  escheat  to  the  United  States  the  property  of  corporations 
obtained  or  held  in  violation  of  section  three  of  the  act  of  ... 
[July  i,  1862]  ...  or  in  violation  of  section  eighteen  hundred 
and  ninety  of  the  Revised  Statutes  of  the  United  States;  and 


384  ANTI-POLYGAMY  ACT  [March  3 

all  such  property  so  forfeited  and  escheated  to  the  United  States 
shall  be  disposed  of  by  the  Secretary  of  the  Interior,  and  the 
proceeds  thereof  applied  to  the  use  and  benefit  of  the  common 
schools  in  the  Territory  in  which  such  property  may  be  :  Provided, 
That  no  building,  or  the  grounds  appurtenant  thereto,  which  is 
held  and  occupied  exclusively  for  purposes  of  the  worship  of 
God,  or  parsonage  connected  therewith,  or  burial  ground  shall 
be  forfeited. 

SEC.  14.  That  in  any  proceeding  for  the  enforcement  of  the 
provisions  of  law  against  corporations  or  associations  acquiring  or 
holding  property  in  any  Territory  of  the  United  States  in  excess 
of  the  amount  limited  by  law,  the  court  before  which  such  pro 
ceeding  may  be  instituted  shall  have  power  in  a  summary  way  to 
compel  the  production  of  all  books,  records,  papers,  and  docu 
ments  of  or  belonging  to  any  trustee  or  person  holding  or  con 
trolling  or  managing  property  in  which  such  corporation  may  have 
any  right,  title,  or  interest  whatever. 

SEC.  15.  That  all  laws  of  the  legislative  assembly  of  the 
Territory  of  Utah,  or  of  the  so-called  government  of  the  State 
of  Deseret,  creating,  organizing,  amending,  or  continuing  the 
corporation  or  association  called  the  Perpetual  Emigrating  Fund 
Company  are  hereby  disapproved  and  annulled;  and  the  said 
corporation,  in  so  far  as  it  may  now  have,  or  pretend  to  have, 
any  legal  existence,  is  hereby  dissolved ;  and  it  shall  not  be  law 
ful  for  the  legislative  assembly  of  the  Territory  of  Utah  to  create, 
organize,  or  in  any  manner  recognize  any  such  corporation  or 
association,  or  to  pass  any  law  for  the  purpose  of  or  operating 
to  accomplish  the  bringing  of  persons  into  the  said  Territory 
for  any  purpose  whatsoever. 

SEC.  1 6.  That  it  shall  be  the  duty  of  the  Attorney-General  of 
the  United  States  to  cause  such  proceedings  to  be  taken  in  the 
supreme  court  of  the  Territory  of  Utah  as  shall  be  proper  to 
carry  into  effect  the  provisions  of  the  preceding  section,  and  pay 
the  debts  and  to  dispose  of  the  property  and  assets  of  said  cor 
poration  according  to  law.  Said  property  and  assets,  in  excess 
of  the  debts  and  the  amount  of  any  lawful  claims  established  by 


1887]  ANTI-POLYGAMY  ACT  385 

the  court  against  the  same,  shall  escheat  to  the  United  States, 
and  shall  be  taken,  invested,  and  disposed  of  by  the  Secretary 
of  the  Interior,  under  the  direction  of  the  President  of  the  United 
States,  for  the  benefit  of  common  schools  in  said  Territory. 

SEC.  1 7.  That  the  acts  of  the  legislative  assembly  of  the  Terri 
tory  of  Utah  incorporating,  continuing,  or  providing  for  the  cor 
poration  known  as  the  Church  of  Jesus  Christ  of  Latter-Day 
Saints,  and  the  ordinance  of  the  so-called  general  assembly  of 
the  State  of  Deseret  incorporating  the  Church  of  Jesus  Christ  of 
Latter-Day  Saints,  so  far  as  the  same  may  now  have  legal  force 
and  validity,  are  hereby  disapproved  and  annulled,  and  the  said 
corporation,  in  so  far  as  it  may  now  have,  or  pretend  to  have, 
any  legal  existence,  is  hereby  dissolved.  That  it  shall  be  the 
duty  of  the  Attorney- General  of  the  United  States  to  cause  such 
proceedings  to  be  taken  in  the  supreme  court  of  the  Territory 
of  Utah  as  shall  be  proper  to  execute  the  foregoing  provisions 
of  this  section  and  to  wind  up  the  affairs  of  said  corporation 
conformably  to  law ;  and  in  such  proceedings  the  court  shall 
have  power,  and  it  shall  be  its  duty,  to  make  such  decree  or 
decrees  as  shall  be  proper  to  effectuate  the  transfer  of  the  title 
to  real  property  now  held  and  used  by  said  corporation  for 
places  of  worship,  and  parsonages  connected  therewith,  and  burial 
grounds,  and  of  the  description  mentioned  in  the  proviso  to  sec 
tion  thirteen  of  this  act  and  in  section  twenty-six  of  this  act,  to 
the  respective  trustees  mentioned  in  section  twenty-six  of  this 
act;  and  for  the  purposes  of  this  section  said  court  shall  have 
all  the  powers  of  a  court  of  equity. 

SEC.  1 8.    [Rights  of  widows  in  real  estate.] 

SEC.  19.  That  hereafter  the  judge  of  probate  in  each  county 
within  the  Territory  of  Utah  provided  for  by  the  existing  laws 
thereof  shall  be  appointed  by  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate ;  and  so  much 
of  the  laws  of  said  Territory  as  provide  for  the  election  of  such 
judge  by  the  legislative  assembly  are  hereby  disapproved  and 
annulled. 

SEC.  20.   That  it  shall  not  be  lawful  for  any  female  to  vote  at 

2C 


386  ANTI-POLYGAMY  ACT  [March  3 

any  election  hereafter  held  in  the  Territory  of  Utah  for  any  public 
purpose  whatever,  and  no  such  vote  shall  be  received  or  counted 
or  given  effect  in  any  manner  whatever ;  and  any  and  every  act 
of  the  legislative  assembly  of  the  Territory  of  Utah  providing  for 
or  allowing  the  registration  or  voting  by  females  is  hereby  annulled. 

SEC.  21.  That  all  laws  of  the  legislative  assembly  of  the  Terri 
tory  of  Utah  which  provide  for  numbering  or  identifying  the  votes 
of  the  electors  at  any  election  in  said  Territory  are  hereby  dis 
approved  and  annulled ;  but  the  foregoing  provision  shall  not  pre 
clude  the  lawful  registration  of  voters,  or  any  other  provisions  for 
securing  fair  elections  which  do  not  involve  the  disclosure  of  the 
candidates  for  whom  any  particular  elector  shall  have  voted. 

SEC.  22.  That  the  existing  election  districts  and  apportion 
ments  of  representation  concerning  the  members  of  the  legis 
lative  assembly  of  the  Territory  of  Utah  are  hereby  abolished ; 
and  it  shall  be  the  duty  of  the  governor,  Territorial  secretary,  and 
the  Board  of  Commissioners  mentioned  in  section  nine  of  the  act 
of  ...  [March  22,  1882]  .  .  .,  in  said  Territory,  forthwith  to 
redistrict  said  Territory,  and  apportion  representation  in  the 
same  in  such  manner  as  to  provide,  as  nearly  as  may  be,  for  an 
equal  representation  of  the  people  (excepting  Indians  not  taxed), 
being  citizens  of  the  United  States,  according  to  numbers,  in  said 
legislative  assembly,  and  to  the  number  of  members  of  the  coun 
cil  and  house  of  representatives,  respectively,  as  now  established 
by  law ;  and  a  record  of  the  establishment  of  such  new  districts 
and  the  apportionment  of  representation  thereto  shall  be  made 
in  the  office  of  the  secretary  of  said  Territory,  and  such  establish 
ment  and  representation  shall  continue  until  Congress  shall  other 
wise  provide ;  and  no  persons  other  than  citizens  of  the  United 
States  otherwise  qualified  shall  be  entitled  to  vote  at  any  election 
in  said  Territory. 

SEC.  23.  That  the  provisions  of  section  nine  of  said  act  ap 
proved  March  twenty-second,  eighteen  hundred  and  eighty-two, 
in  regard  to  registration  and  election  officers,  and  the  registration 
of  voters,  and  the  conduct  of  elections,  and  the  powers  and  duties 
of  the  Board  therein  mentioned,  shall  continue  and  remain  opera- 


i88;]  ANTI-POLYGAMY  ACT  387 

tive  until  the  provisions  and  laws  therein  referred  to  to  be  made 
and  enacted  by  the  legislative  assembly  of  said  Territory  of  Utah 
shall  have  been  made  and  enacted  by  said  assembly  and  shall  have 
been  approved  by  Congress. 

SEC.  24.  That  every  male  person  twenty-one  years  of  age  resi 
dent  in  the  Territory  of  Utah  shall,  as  a  condition  precedent  to 
his  right  to  register  or  vote  at  any  election  in  said  Territory,  take 
and  subscribe  an  oath  or  affirmation,  before  the  registration  officer 
of  his  voting  precinct,  that  he  is  over  twenty-one  years  of  age, 
and  has  resided  in  the  Territory  of  Utah  for  six  months  then  last 
passed  and  in  the  precinct  for  one  month  immediately  preceding 
the  date  thereof,  and  that  he  is  a  native-born  (or  naturalized,  as 
the  case  may  be)  citizen  of  the  United  States,  and  further  state 
in  such  oath  or  affirmation  his  full  name,  with  his  age,  place  of 
business,  his  status,  whether  single  or  married,  and,  if  married, 
the  name  of  his  lawful  wife,  and  that  he  will  support  the  Consti 
tution-  of  the  United  States  and  will  faithfully  obey  the  laws 
thereof,  and  especially  will  obey  the  act  .  .  .  [of  March  22, 
1882]  .  .  .,  and  will  also  obey  this  act  in  respect  of  the  crimes 
in  said  act  defined  and  forbidden,  and  that  he  will  not,  directly  or 
indirectly,  aid  or  abet,  counsel  or  advise,  any  other  person  to  com 
mit  any  of  said  crimes.  Such  registration  officer  is  authorized  to 
administer  said  oath  or  affirmation ;  and  all  such  oaths  or  affirma 
tions  shall  be  by  him  delivered  to  the  clerk  of  the  probate  court 
of  the  proper  county,  and  shall  be  deemed  public  records  therein. 
But  if  any  election  shall  occur  in  said  Territory  before  the  next 
revision  of  the  registration  lists  as  required  by  law,  the  said  oath 
or  affirmation  shall  be  administered  by  the  presiding  judge  of  the 
election  precinct  on  or  before  the  day  of  election.  As  a  condi 
tion  precedent  to  the  right  to  hold  office  in  on  under  said  Terri 
tory,  the  officer,  before  entering  on  the  duties  of  his  office,  shall 
take  and  subscribe  an  oath  or  affirmation  declaring  his  full  name, 
with  his  age,  place  of  business,  his  status,  whether  married  or  sin 
gle,  and,  if  married,  the  name  of  his  lawful  wife,  and  that  he  will 
support  the  Constitution  of  the  United  States  and  will  faithfully 
obey  the  laws  thereof,  and  especially  will  obey  the  act  ...  [of 


388  ANTI-POLYGAMY  ACT  [March  3 

March  22,  1882]  .  .  .,  and  will  also  obey  this  act  in  respect  of 
the  crimes  in  said  act  denned  and  forbidden,  and  that  he  will  not, 
directly  or  indirectly,  aid  or  abet,  counsel  or  advise,  any  other 
person  to  commit  any  of  said  crimes ;  which  oath  or  affirmation 
shall  be  recorded  in  the  proper  office  and  indorsed  on  the  com 
mission  or  certificate  of  appointment.  All  grand  and  petit  jurors 
in  said  Territory  shall  take  the  same  oath  or  affirmation,  to  be 
administered,  in  writing  or  orally,  in  the  proper  court.  No  per 
son  shall  be  entitled  to  vote  in  any  election  in  said  Territory,  or 
be  capable  of  jury  service,  or  hold  any  office  of  trust  or  emolu 
ment  in  said  Territory  who  shall  not  have  taken  the  oath  or  affir 
mation  aforesaid.  No  person  who  shall  have  been  convicted  of 
any  crime  under  this  act,  or  under  the  act  of  Congress  aforesaid 
approved  March  twenty-second,  eighteen  hundred  and  eighty-two, 
or  who  shall  be  a  polygamist,  or  who  shall  associate  or  cohabit 
polygamously  with  persons  of  the  other  sex,  shall  be  entitled  to 
vote  in  any  election  in  said  Territory,  or  be  capable  of  jury  ser 
vice,  or  to  hold  any  office  of  trust  or  emolument  in  said  Territory. 
SEC.  25.  That  the  office  of  Territorial  superintendent  of  dis 
trict  schools  created  by  the  laws  of  Utah  is  hereby  abolished; 
and  it  shall  be  the  duty  of  the  supreme  court  of  said  Territory 
to  appoint  a  commissioner  of  schools,  who  shall  possess  and  exer 
cise  all  the  powers  and  duties  heretofore  imposed  by  the  laws 
of  said  Territory  upon  the  Territorial  superintendent  of  district 
schools,  and  who  shall  receive  the  same  salary  and  compensa 
tion,  which  shall  be  paid  out  of  the  treasury  of  said  Territory ; 
and  the  laws  of  the  Territory  of  Utah  providing  for  the  method 
of  election  and  appointment  of  such  Territorial  superintendent  of 
district  schools  are  hereby  suspended  until  the  further  action  of 
Congress  shall  be  had  in  respect  thereto.  The  said  superinten 
dent  shall  have  power  to  prohibit  the  use  in  any  district  school 
of  any  book  of  a  sectarian  character  or  otherwise  unsuitable.  Said 
superintendent  shall  collect  and  classify  statistics  and  other  infor 
mation  respecting  the  district  and  other  schools  in  said  Territory, 
showing  their  progress,  the  whole  number  of  children  of  school 
age,  the  number  who  attend  school  in  each  year  in  the  respective 


1887]  CHINESE  EXCLUSION  ACT  389 

counties,  the  average  length  of  time  of  their  attendance,  the  num 
ber  of  teachers  and  the  compensation  paid  to  the  same,  the  num 
ber  of  teachers  who  are  Mormons,  the  number  who  are  so-called 
gentiles,  the  number  of  children  of  Mormon  parents  and  the  num 
ber  of  children  of  so-called  gentile  parents,  and  their  respective 
average  attendance  at  school ;  all  of  which  statistics  and  informa 
tion  shall  be  annually  reported  to  Congress,  through  the  governor 
of  said  Territory  and  the  Department  of  the  Interior. 

SEC.  26.  That  all  religious  societies,  sects,  and  congregations 
shall  have  the  right  to  have  and  to  hold,  through  trustees  ap 
pointed  by  any  court  exercising  probate  powers  in  a  Territory, 
only  on  the  nomination  of  the  authorities  of  such  society,  sect,  or 
congregation,  so  much  real  property  for  the  erection  or  use  of 
houses  of  worship,  and  for  such  parsonages  and  burial  grounds 
as  shall  be  necessary  for  the  convenience  and  use  of  the  several 
congregations  of  such  religious  society,  sect,  or  congregation. 

SEC.  27.  That  all  laws  passed  by  the  so-called  State  of  Deseret 
and  by  the  legislative  assembly  of  the  Territory  of  Utah  for  the 
organization  of  the  militia  thereof  or  for  the  creation  of  the  Nauvoo 
Legion  are  hereby  annulled,  and  declared  of  no  effect ;  and  the 
militia  of  Utah  shall  be  organized  and  subjected  in  all  respects 
to  the  laws  of  the  United  States  regulating  the  militia  in  the  Ter 
ritories  :  Provided,  however,  That  all  general  officers  of  the  militia 
shall  be  appointed  by  the  governor  of  the  Territory,  by  and  with 
the  advice  and  consent  of  the  council  thereof.  The  legislative 
assembly  of  Utah  shall  have  power  to  pass  laws  for  organizing  the 
militia  thereof,  subject  to  the  approval  of  Congress. 


No.    119.     Chinese  Exclusion  Act 

September  13,  x888 

A  BILL  prohibiting  for  twenty  years  the  immigration  of  Chinese  laborers, 
based  upon  a  provision  of  the  treaty  of  November  27,  1880,  between  the 
United  States  and  China,  was  vetoed  by  President  Arthur  April  4,  1882. 


390  CHINESE  EXCLUSION  ACT  [Sept.  13 

Thereupon  Congress  passed  the  exclusion  act  of  May  6,  1882  [No.  107],  pro 
hibiting  immigration  for  ten  years.  By  a  treaty  concluded  March  12,  1888, 
the  coming  of  Chinese  laborers  to  this  country  was  prohibited  for  twenty 
years,  but  amendments  proposed  by  the  Senate,  May  7,  delayed  ratification. 
A  bill  to  exclude  Chinese  laborers  without  limit  of  time  was  reported  in  the 
Senate,  July  u,  1888,  by  Joseph  N.  Dolph  of  Oregon,  from  the  Committee  on 
Foreign  Relations,  and  passed  the  Senate  August  8.  The  bill  was  sub 
stantially  the  same  as  a  bill  reported  by  the  House  Committee  on  Foreign 
Affairs  June  23.  The  Senate  bill  was  reported  in  the  House,  August  18,  with 
an  amendment,  and  on  the  2Oth  passed.  An  act  of  May  5,  1892,  continued 
in  force  for  ten  years  all  laws  regulating  or  prohibiting  the  immigration  of 
Chinese,  provided  for  the  removal  of  Chinese  illegally  in  the  United  States, 
required  Chinese  arrested  under  the  acts  to  prove  lawful  residence,  denied 
bail  in  habeas  corpus  proceedings,  and  required  all  Chinese  entitled  to  remain 
in  the  United  States  to  be  registered  with  the  collector  of  internal  revenue  of 
the  district  in  which  they  claimed  residence.  An  act  of  November  3,  1893, 
made  further  provisions  for  the  registration  of  Chinese  already  within  the 
United  States. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXV,  476-479.  For  the 
proceedings  see  the  House  and  Senate  Journals,  5Oth  Cong.,  1st  Sess.,  and  the 
Cong.  Record.  There  was  no  debate  in  the  Senate.  See  Senate  Exec.  Docs. 
271,  272,  275,  House  Report  2727,  and  the  proclamation  of  March  17,  1894. 
The  House  and  Senate  votes  on  various  Chinese  immigration  bills  from  1879 
are  in  the  Record,  August  18,  House  proceedings.  See  also  House  Report  70, 
53d  Cong.,  ist  Sess.;  Senate  Report  776,  57th  Cong.,  1st  Sess. 

An  act  to  prohibit  the  coming  of  Chinese  laborers  to  the  United  States. 

Be  it  enacted  .  .  .,  That  from  and  after  the  date  of  the  ex 
change  of  ratifications  of  the  pending  treaty  between  the  United 
States  of  America  and  His  Imperial  Majesty  the  Emperor  of 
China,  signed  on  the  twelfth  day  of  March,  anno  Domini  eighteen 
hundred  and  eighty-eight,  it  shall  be  unlawful  for  any  Chinese 
person,  whether  a  subject  of  China  or  of  any  other  power,  to  enter 
the  United  States,  except  as  hereinafter  provided. 

SEC.  2.   That  Chinese  officials,  teachers,  students,  merchants,1 

*An  act  of  November  3,  1893,  section  2,  contains  the  following  provisions: 
"  The  term  '  merchant,'  as  employed  herein  and  in  the  acts  of  which  this  is  amend 
atory,  shall  have  the  following  meaning  and  none  other :  A  merchant  is  a  person 
engaged  in  buying  and  selling  merchandise,  at  a  fixed  place  of  business,  which 
business  is  conducted  in  his  name,  and  who  during  the  time  he  claims  to  be 


1 888]  CHINESE  EXCLUSION  ACT  391 

or  travelers  for  pleasure  or  curiosity,  shall  be  permitted  to  enter 
the  United  States,  but  in  order  to  entitle  themselves  to  do  so,  they 
shall  first  obtain  the  permission  of  the  Chinese  Government,  or 
other  Government  of  which  they  may  at  the  time  be  citizens  or 
subjects.  Such  permission  and  also  their  personal  identity  shall 
in  such  case  be  evidenced  by  a  certificate  to  be  made  out  by 
the  diplomatic  representative  of  the  United  States  in  the  country, 
or  of  the  consular  representative  of  the  United  States  at  the  port 
or  place  from  which  the  person  named  therein  comes.  .  .  . 

SEC.  3.  That  the  provisions  of  this  act  shall  apply  to  all  persons 
of  the  Chinese  race,  whether  subjects  of  China  or  other  foreign 
power,  excepting  Chinese  diplomatic  or  consular  officers  and  their 
attendants  ;  and  the  words  "  Chinese  laborers,"  whenever  used  in 
this  act,  shall  be  construed  to  mean  both  skilled  and  unskilled 
laborers  and  Chinese  employed  in  mining.1 

SEC.  4.  That  the  master  of  any  vessel  arriving  in  the  United 
States  from  any  foreign  port  or  place  with  any  Chinese  passengers 
on  board  shall,  when  he  delivers  his  manifest  of  cargo,  and  if 
there  be  no  cargo,  when  he  makes  legal  entry  of  his  vessel,  and 
before  landing  or  permitting  to  land  any  Chinese  person  (unless 
a  diplomatic  or  consular  officer,  or  attendant  of  such  officer), 
deliver  to  the  collector  of  customs  of  the  district  in  which  the  ves 
sel  shall  have  arrived  the  sealed  certificates  and  letters  as  afore 
said,  and  a  separate  list  of  all  Chinese  persons  taken  on  board  of 

engaged  as  a  merchant,  does  not  engage  in  the  performance  of  any  manual  labor, 
except  such  as  is  necessary  in  the  conduct  of  his  business  as  such  merchant. 

"  Where  an  application  is  made  by  a  Chinaman  for  entrance  into  the  United 
States  on  the  ground  that  he  was  formerly  engaged  in  this  country  as  a  merchant, 
he  shall  establish  by  the  testimony  of  two  credible  witnesses  other  than  Chinese  the 
fact  that  he  conducted  such  business  as  hereinbefore  defined  for  at  least  one  year 
before  his  departure  from  the  United  States,  and  that  during  such  year  he  was  not 
engaged  in  the  performance  of  any  manual  labor,  except  such  as  was  necessary  in 
the  conduct  of  his  business  as  such  merchant,  and  in  default  of  such  proof  shall  be 
refused  landing." 

!The  act  of  November  3,  1893,  section  2,  defined  the  words  "laborer"  or 
"laborers "as  meaning  "both  skilled  and  unskilled  manual  laborers,  including 
Chinese  employed  in  mining,  fishing,  huckstering,  peddling,  laundrymen,  or  those 
engaged  in  taking,  drying,  or  otherwise  preserving  shell  or  other  fish  for  home  con 
sumption  or  exportation." 


392  CHINESE  EXCLUSION   ACT  [Sept.  13 

his  vessel  at  any  foreign  port  or  place,  and  of  all  such  persons  on 
board  at  the  time  of  arrival  as  aforesaid.  .  .  . 

The  master  of  any  vessel  as  aforesaid  shall  not  permit  any 
Chinese  diplomatic  or  consular  officer  or  attendant  of  such  officer 
to  land  without  having  first  been  informed  by  the  collector  of 
customs  of  the  official  character  of  such  officer  or  attendant.  .  .  . 

SEC.  5.  That  from  and  after  the  passage  of  this  act,  no  Chinese 
laborer  in  the  United  States  shall  be  permitted,  after  having  left, 
to  return  thereto,  except  under  the  conditions  stated  in  the  follow 
ing  sections. 

SEC.  6.  That  no  Chinese  laborer  within  the  purview  of  the  pre 
ceding  section  shall  be  permitted  to  return  to  the  United  States 
unless  he  has  a  lawful  wife,  child,  or  parent  in  the  United  States, 
or  property  therein  of  the  value  of  one  thousand  dollars,  or  debts 
of  like  amount  due  him  and  pending  settlement.  The  marriage 
to  such  wife  must  have  taken  place  at  least  a  year  prior  to  the 
application  of  the  laborer  for  a  permit  to  return  to  the  United 
States,  and  must  have  been  followed  by  the  continuous  cohabita 
tion  of  the  parties  as  man  and  wife. 

If  the  right  to  return  be  claimed  on  the  ground  of  property  or 
of  debts,  it  must  appear  that  the  property  is  bona  fide  and  not 
colorably  acquired  for  the  purpose  of  evading  this  act,  or  that  the 
debts  are  unascertained  and  unsettled,  and  not  promissory  notes 
or  other  similar  acknowledgments  of  ascertained  liability. 

SEC.  7.  That  a  Chinese  person  claiming  the  right  to  be  per 
mitted  to  leave  the  United  States  and  return  thereto  on  any  of  the 
grounds  stated  in  the  foregoing  section,  shall  apply  to  the  col 
lector  of  customs  of  the  district  from  which  he  wishes  to  depart 
at  least  a  month  prior  to  the  time  of  his  departure,  and  shall  make 
on  oath  before  the  said  collector  a  full  statement  descriptive  of 
his  family,  or  property,  or  debts,  as  the  case  may  be,  and  shall  fur 
nish  to  said  collector  such  proofs  of  the  facts  entitling  him  to 
return  as  shall  be  required  by  the  rules  and  regulations  prescribed 
from  time  to  time  by  the  Secretary  of  the  Treasury,  and  for  any 
false  swearing  in  relation  thereto  he  shall  incur  the  penalties  of 
perjury.  He  shall  also  permit  the  collector  to  take  a  full  descrip- 


1 888]  CHINESE  EXCLUSION  ACT  393 

tion  of  his  person,  which  description  the  collector  shall  retain 
and  mark  with  a  number.  And  if  the  collector,  after  hearing 
the  proofs  and  investigating  all  the  circumstances  of  the  case, 
shall  decide  to  issue  a  certificate  of  return,  he  shall  at  such  time 
and  place  as  he  may  designate,  sign  and  give  to  the  person  apply 
ing  a  certificate  containing  the  number  of  the  description  last 
aforesaid,  which  shall  be  the  sole  evidence  given  to  such  person  of 
his  right  to  return.  If  this  last  named  certificate  be  transferred, 
it  shall  become  void,  and  the  person  to  whom  it  was  given  shall 
forfeit  his  right  to  return  to  the  United  States.  The  right  to 
return  under  the  said  certificate  shall  be  limited  to  one  year ;  but 
it  may  be  extended  for  an  additional  period,  not  to  exceed  a  year, 
in  cases  where,  by  reason  of  sickness  or  other  cause  of  disability 
beyond  his  control,  the  holder  thereof  shall  be  rendered  unable 
sooner  to  return,  which  facts  shall  be  fully  reported  to  and  inves 
tigated  by  the  consular  representative  of  the  United  States  at  the 
port  or  place  from  which  such  laborer  departs  for  the  United 
States,  and  certified  by  such  representative  of  the  United  States  to 
the  satisfaction  of  the  collector  of  customs  at  the  port  where  such 
Chinese  person  shall  seek  to  land  in  the  United  States,  such  cer 
tificate  to  be  delivered  by  said  representative  to  the  master  of  the 
vessel  on  which  he  departs  for  the  United  States.  And  no  Chinese 
laborer  shall  be  permitted  to  re-enter  the  United  States  without 
producing  to  the  proper  officer  of  the  customs  at  the  port  of  such 
entry  the  return  certificate  herein  required.  A  Chinese  laborer 
possessing  a  certificate  under  this  section  shall  be  admitted  to  the 
United  States  only  at  the  port  from  which  he  departed  therefrom, 
and  no  Chinese  person,  except  Chinese  diplomatic  or  consular 
officers,  and  their  attendants,  shall  be  permitted  to  enter  the 
United  States  except  at  the  ports  of  San  Francisco,  Portland, 
Oregon,  Boston,  New  York,  New  Orleans,  Port  Townsend,  or  such 
other  ports  as  may  be  designated  by  the  Secretary  of  the  Treasury. 

[Sections  8-12  prescribe  administrative  regulations,  penalties, 
&c.] 

SEC.  13.  That  any  Chinese  person,  or  person  of  Chinese  de 
scent,  found  unlawfully  in  the  United  States,  or  its  Territories,  may 


394  CHINESE  EXCLUSION  ACT  [Sept.  13 

be  arrested  upon  a  warrant  issued  upon  a  complaint,  under  oath, 
filed  by  any  party  on  behalf  of  the  United  States,  by  any  justice, 
judge,  or  commissioner  of  any  United  States  court,  returnable 
before  any  justice,  judge,  or  commissioner  of  a  United  States 
court,  or  before  any  United  States  court,  and  when  convicted, 
upon  a  hearing,  and  found  and  adjudged  to  be  one  not  lawfully 
entitled  to  be  or  remain  in  the  United  States,  such  person  shall  be 
removed  from  the  United  States  to  the  country  whence  he  came. 
But  any  such  Chinese  person  convicted  before  a  commissioner  of 
a  United  States  court  may,  within  ten  days  from  such  conviction, 
appeal  to  the  judge  of  the  district  court  for  the  district.  A  cer 
tified  copy  of  the  judgment  shall  be  the  process  upon  which  said 
removal  shall  be  made,  and  it  may  be  executed  by  the  marshal  of 
the  district,  or  any  officer  having  authority  of  a  marshal  under  the 
provisions  of  this  section.  And  in  all  such  cases  the  person  who 
brought  or  aided  in  bringing  such  person  into  the  United  States 
shall  be  liable  to  the  Government  of  the  United  States  for  all  nec 
essary  expenses  incurred  in  such  investigation  and  removal ;  and 
all  peace  officers  of  the  several  States  and  Territories  of  the 
United  States  are  hereby  invested  with  the  same  authority  in 
reference  to  carrying  out  the  provisions  of  this  act,  as  a  marshal  or 
deputy  marshal  of  the  United  States,  and  shall  be  entitled  to  like 
compensation,  to  be  audited  and  paid  by  the  same  officers. 

SEC.  14.  That  the  preceding  sections  shall  not  apply  to  Chinese 
diplomatic  or  consular  officers  or  their  attendants,  who  shall  be 
admitted  to  the  United  States  under  special  instructions  of  the 
Treasury  Department,  without  production  of  other  evidence  than 
that  of  personal  identity. 

SEC.  15.  That  the  act  entitled  "An  act  to  execute  certain 
treaty  stipulations  relating  to  Chinese,"  approved  May  sixth,  eigh 
teen  hundred  and  eighty-two,  and  an  act  to  amend  said  act  ap 
proved  July  fifth,  eighteen  hundred  and  eighty-four,  are  hereby 
repealed  to  take  effect  upon  the  ratification  of  the  pending  treaty 
as  provided  in  section  one  of  this  act. 

APPROVED,  September  13,  1888. 


1890]  ANTI-TRUST  ACT  395 

No.   120.     Anti-Trust  Act 

July  2,  1890 

SEVERAL  bills  for  the  regulation  of  trusts  came  before  Congress  during  the 
session  of  1888-1889,  but  none  got  beyond  the  stage  of  discussion.  A  bill 
"  to  declare  unlawful  trusts  and  combinations  in  restraint  of  trade  and  pro 
duction"  was  introduced  in  the  Senate,  December  4,  1889,  by  Sherman,  and 
referred  to  the  Committee  on  Finance,  which  reported  it  with  amendments 
January  14,  1890.  The  bill  was  taken  up  February  27  and  debated  until 
March  27,  when  it  was  referred  to  the  Committee  on  the  Judiciary  with  in 
structions  to  report  within  twenty  days.  A  substitute  was  reported  April  2, 
and  on  the  8th  passed  the  Senate  with  amendments.  The  House  amended 
the  bill  so  as  to  make  unlawful  "  every  contract  or  agreement  entered  into 
for  the  purpose  of  preventing  competition  in  the  sale  or  purchase  of  a  com 
modity  transported  from  one  State  to  be  sold  in  another."  The  Senate  added 
further  amendments,  to  which  the  House  disagreed,  and  the  bill  went  to  a 
conference  committee,  which  recommended  that  each  house  recede  from  its 
amendments.  The  acceptance  of  the  report  resulted  in  the  passage  of  the 
Senate  bill. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXVI,  209,  210.  For  the 
proceedings  see  the  House  and  Senate  Jottrnals,  5ist  Cong.,  ist  Sess.,  and 
the  Cong.  Record.  The  text  of  Sherman's  original  bill  is  in  the  Record,  Feb 
ruary  27.  The  report  of  the  House  Committee  on  the  Judiciary,  April  25, 
is  House  Report  I'jo'j  ;  for  an  earlier  report  on  the  investigation  of  trusts  see 
House  Report  3112,  5<Dth  Cong.,  ist  Sess.  For  decisions  under  the  act  to 
1897  see  Gould  and  Tucker,  Notes  on  the  Revised  Statutes,  II,  622,  623. 

An   act    to   protect   trade   and   commerce   against   unlawful  restraints  and 

monopolies. 

Be  it  enacted  .  .  ., 

SEC.  i.  Every  contract,  combination  in  the  form  of  trust  or 
otherwise,  or  conspiracy,  in  restraint  of  trade  or  commerce 
among  the  several  States,  or  with  foreign  nations,  is  hereby  de 
clared  to  be  illegal.  Every  person  who  shall  make  any  such 
contract  or  engage  in  any  such  combination  or  conspiracy,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  punished  by  fine  not  exceeding  five  thousand  dollars, 
or  by  imprisonment  not  exceeding  one  year,  or  by  both  said 
punishments,  in  the  discretion  of  the  court. 


3Q6  ANTI-TRUST  ACT  [July  2 

SEC.  2.  Every  person  who  shall  monopolize,  or  attempt  to 
monopolize,  or  combine  or  conspire  with  any  other  person  or 
persons,  to  monopolize  any  part  of  the  trade  or  commerce  among 
the  several  States,  or  with  foreign  nations,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  on  conviction  thereof,  shall  be  punished 
by  fine  not  exceeding  five  thousand  dollars,  or  by  imprisonment 
not  exceeding  one  year,  or  by  both  said  punishments,  in  the 
discretion  of  the  court. 

SEC.  3.  Every  contract,  combination  in  form  of  trust  or  other 
wise,  or  conspiracy,  in  restraint  of  trade  or  commerce  in  any 
Territory  of  the  United  States  or  of  the  District  of  Columbia,  or 
in  restraint  of  trade  or  commerce  between  any  such  Territory 
and  another,  or  between  any  such  Territory  or  Territories  and 
any  State  or  States  or  the  District  of  Columbia,  or  with  foreign 
nations,  or  between  the  District  of  Columbia  and  any  State 
or  States  or  foreign  nations,  is  hereby  declared  illegal.  Every 
person  who  shall  make  any  such  contract  or  engage  in  any 
such  combination  or  conspiracy,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  be  punished  by 
fine  not  exceeding  five  thousand  dollars,  or  by  imprisonment  not 
exceeding  one  year,  or  by  both  said  punishments,  in  the  discre 
tion  of  the  court. 

SEC.  4.  The  several  circuit  courts  of  the  United  States  are 
hereby  invested  with  jurisdiction  to  prevent  and  restrain  violations 
of  this  act ;  and  it  shall  be  the  duty  of  the  several  district  attor 
neys  of  the  United  States,  in  their  respective  districts,  under  the 
direction  of  the  Attorney-General,  to  institute  proceedings  in 
equity  to  prevent  and  restrain  such  violations.  Such  proceed 
ings  may  be  by  way  of  petition  setting  forth  the  case  and  praying 
that  such  violation  shall  be  enjoined  or  otherwise  prohibited. 
When  the  parties  complained  of  shall  have  been  duly  notified  of 
such  petition  the  court  shall  proceed,  as  soon  as  may  be,  to  the 
hearing  and  determination  of  the  case  ;  and  pending  such  petition 
and  before  final  decree,  the  court  may  at  any  time  make  such 
temporary  restraining  order  or  prohibition  as  shall  be  deemed 
just  in  the  premises. 


1890]  SILVER  PURCHASE  ACT  397 

SEC.  5.  Whenever  it  shall  appear  to  the  court  before  which 
any  proceeding  under  section  four  of  this  act  may  be  pending, 
that  the  ends  of  justice  require  that  other  parties  should  be 
brought  before  the  court,  the  court  may  cause  them  to  be  sum 
moned,  whether  they  reside  in  the  district  in  which  the  court  is 
held  or  not;  and  subpoenas  to  that  end  may  be  served  in  any 
district  by  the  marshal  thereof. 

SEC.  6.  Any  property  owned  under  any  contract  or  by  any 
combination,  or  pursuant  to  any  conspiracy  (and  being  the  sub 
ject  thereof)  mentioned  in  section  one  of  this  act,  and  being  in 
the  course  of  transportation  from  one  State  to  another,  or  to  a 
foreign  country,  shall  be  forfeited  to  the  United  States,  and  may 
be  seized  and  condemned  by  like  proceedings  as  those  provided 
by  law  for  the  forfeiture,  seizure,  and  condemnation  of  property 
imported  into  the  United  States  contrary  to  law. 

SEC.  7.  Any  person  who  shall  be  injured  in  his  business  or 
property  by  any  other  person  or  corporation  by  reason  of  any 
thing  forbidden  or  declared  to  be  unlawful  by  this  act,  may  sue 
therefor  in  any  circuit  court  of  the  United  States  in  the  district 
in  which  the  defendant  resides  or  is  found,  without  respect  to  the 
amount  in  controversy,  and  shall  recover  three  fold  the  damages 
by  him  sustained,  and  the  costs  of  suit,  including  a  reasonable 
attorney's  fee. 

SEC.  8.  That  the  word  "  person,"  or  "  persons,"  wherever  used 
in  this  act  shall  be  deemed  to  include  corporations  and  associa 
tions  existing  under  or  authorized  by  the  laws  of  either  the  United 
States,  the  laws  of  any  of  the  Territories,  the  laws  of  any  State, 
or  the  laws  of  any  foreign  country. 

APPROVED,  July  2,  1890. 


No.    121.     Silver  Purchase  Act 

July  14,  1890 

IN  his  annual  message  of  December  3,  1889,  President  Harrison  called 
attention  to  the  decline  in  the  market  price  of  silver,  and  expressed  fear  of  the 
effect  of  a  further  decline  on  the  value  of  gold  and  silver  dollars  in  com- 


398  SILVER   PURCHASE  ACT  [July  14 

mercial  transactions.  The  accompanying  report  of  the  Secretary  of  the 
Treasury  proposed  the  issue  of  treasury  notes  "  against  deposits  of  silver 
bullion  at  the  market  price  of  silver  when  deposited,  payable  on  demand  in 
such  quantities  of  silver  bullion  as  will  equal  in  value,  at  the  date  of  presenta 
tion,  the  number  of  dollars  expressed  on  the  face  of  the  notes  at  the  market 
price  of  silver,  or  in  gold,  at  the  option  of  the  Government,  or  in  silver  dollars 
at  the  option  of  the  holder";  together  with  "the  repeal  of  the  compulsory 
feature  of  the  present  coinage  act."  A  bill  authorizing  the  issue  of  treasury 
notes  on  deposits  of  silver  bullion  was  introduced  in  the  House,  January  20, 
1890,  by  E.  H.  Conger  of  Iowa,  and  referred  to  the  Committee  on  Coinage, 
Weights,  and  Measures.  The  bill  was  reported  April  9.  Another  bill  direct 
ing  the  purchase  of  silver  bullion  and  the  issue  of  treasury  notes  thereon,  was 
introduced  by  Conger  April  24,  and  referred  ;  June  5  an  amended  form  of 
this  bill  was  substituted  for  the  bill  already  before  the  House,  and  the  bill 
passed,  the  vote  being  135  to  119,  73  not  voting.  In  the  meantime  a  bill 
prepared  by  the  Secretary  of  the  Treasury,  in  accordance  with  the  recom 
mendations  of  his  annual  report,  had  been  introduced  in  the  Senate,  January 
20,  by  Morrill  of  Vermont,  by  request,  had  been  taken  up  March  31,  and  was 
under  consideration  when  the  House  bill  was  received.  June  13  the  House 
bill  was  substituted  for  the  bill  before  the  Senate.  On  the  1 7th  a  free  coin 
age  amendment,  offered  by  Plumb  of  Kansas,  was  agreed  to  by  a  vote  of  43  to 
24,  and  the  amended  bill  passed,  the  final  vote  being  42  to  25,  17  not  voting. 
The  House  disagreed  to  the  Senate  amendments,  and  a  conference  commit 
tee  settled  the  final  form  of  the  bill.  The  report  of  the  committee  was  agreed 
to  by  the  Senate,  July  10,  by  a  vote  of  39  to  26,  and  by  the  House  July  12,  by 
a  vote  of  122  to  90,  116  not  voting.  So  much  of  the  act  as  provided  for  the 
purchase  of  silver  bullion  and  the  issue  of  notes  thereon  was  repealed  by  the 
act  of  November  I,  1893  [No.  125]. 

REFERENCES.—  Text  in  U.S.  Statutes  at  Large,  XXVI,  289,  290.  For  the 
proceedings  see  the  House  and  Senate  Journals,  5ist  Cong.,  ist  Sess.,  and  the 
Cong.  Record.  The  texts  of  the  bills  of  April  24  and  June  5  are  in  the  Rec 
ord,  June  7,  House  proceedings.  On  Conger's  bill  of  January  29  see  House 
Report  1086.  On  the  act  see  Dewey,  Financial  History,  436-438  ;  Sherman, 
Recollections,  II,  1069-1071  ;  Knox,  United  States  Notes,  chap.  10.  On  the 
amount  of  coinage  under  the  act  see  Senate  Doc.  163,  55th  Cong.,  2d  Sess. 

An  act  directing  the  purchase  of  silver  bullion  and  the  issue  of  Treasury  notes 
thereon,  and  for  other  purposes. 

Be  it  enacted  .  .  .,  That  the  Secretary  of  the  Treasury  is  hereby 
directed  to  purchase,  from  time  to  time,  silver  bullion  to  the 
amount  of  four  million  five  hundred  thousand  ounces, 


1890]  SILVER  PURCHASE  ACT  399 

or  so  much  thereof  as  may  be  offered  in  each  month,  at  the 
market  price  thereof,  not  exceeding  one  dollar  for  three  hundred 
and  seventy-one  and  twenty-five  hundredths  grains  of  pure  silver, 
and  to  issue  in  payment  for  such  purchases  of  silver  bullion 
Treasury  notes  of  the  United  States  to  be  prepared  by  the 
Secretary  of  the  Treasury,  in  such  form  and  of  such  denomina 
tions,  not  less  than  one  dollar  nor  more  than  one  thousand 
dollars,  as  he  may  prescribe,  and  a  sum  sufficient  to  carry  into 
effect  the  provisions  of  this  act  is  hereby  appropriated  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated. 

SEC.  2.  That  the  Treasury  notes  issued  in  accordance  with  the 
provisions  of  this  act  shall  be  redeemable  on  demand,  in  coin,  at 
the  Treasury  of  the  United  States,  or  at  the  office  of  any  assistant 
treasurer  of  the  United  States,  and  when  so  redeemed  may  be 
reissued ;  but  no  greater  or  less  amount  of  such  notes  shall  be 
outstanding  at  any  time  than  the  cost  of  trie  silver  bullion  and 
the  standard  silver  dollars  coined  therefrom,  then  held  in  the 
Treasury  purchased  by  such  notes ;  and  such  Treasury  notes  shall 
be  a  legal  tender  in  payment  of  all  debts,  public  and  private, 
except  where  otherwise  expressly  stipulated  in  the  contract,  and 
shall  be  receivable  for  customs,  taxes,  and  all  public  dues,  and 
when  so  received  may  be  reissued;  and  such  notes,  when  held 
by  any  national  banking  association,  may  be  counted  as  a  part 
of  its  lawful  reserve.  That  upon  demand  of  the  holder  of  any 
of  the  Treasury  notes  herein  provided  for  the  Secretary  of  the 
Treasury  shall,  under  such  regulations  as  he  may  prescribe,  redeem 
such  notes  in  gold  or  silver  coin,  at  his  discretion,  it  being  the 
established  policy  of  the  United  States  to  maintain  the  two  metals 
on  a  parity  with  each  other  upon  the  present  legal  ratio,  or  such 
ratio  as  may  be  provided  by  law. 

SEC.  3.  That  the  Secretary  of  the  Treasury  shall  each  month 
coin  two  million  ounces  of  the  silver  bullion  purchased  under  the 
provisions  of  this  act  into  standard  silver  dollars  until  the  first 
day  of  July  eighteen  hundred  and  ninety-one,  and  after  that  time 
he  shall  coin  of  the  silver  bullion  purchased  under  the  provisions 
of  this  act  as  much  as  may  be  necessary  to  provide  for  the 


400  SILVER  PURCHASE  ACT  [July  14 

redemption  of  the  Treasury  notes  herein  provided  for,  and  any 
gain  or  seigniorage  arising  from  such  coinage  shall  be  accounted 
for  and  paid  into  the  Treasury. 

SEC.  4.  That  the  silver  bullion  purchased  under  the  provisions 
of  this  act  shall  be  subject  to  the  requirements  of  existing  law 
and  the  regulations  of  the  mint  service  governing  the  methods 
of  determinating  the  amount  of  pure  silver  contained,  and  the 
amount  of  charges  or  deductions,  if  any,  to  be  made. 

SEC.  5.  That  so  much  of  the  act  of  February  twenty-eighth, 
eighteen  hundred  and  seventy-eight,  entitled  "  An  act  to  authorize 
the  coinage  of  the  standard  silver  dollar  and  to  restore  its  legal- 
tender  character,"  as  requires  the  monthly  purchase  and  coinage 
of  the  same  into  silver  dollars  of  not  less  than  two  million  dollars, 
nor  more  than  four  million  dollars'  worth  of  silver  bullion,  is  hereby 
repealed. 

SEC.  6.  That  upon  the  passage  of  this  act  the  balances  standing 
with  the  Treasurer  of  the  United  States  to  the  respective  credits 
of  national  banks  for  deposits  made  to  redeem  the  circulating 
notes  of  such  banks,  and  all  deposits  thereafter  received  for  like 
purpose,  shall  be  covered  into  the  Treasury  as  a  miscellaneous 
receipt,  and  the  Treasury  of  the  United  States  shall  redeem  from 
the  general  cash  in  the  Treasury  the  circulating  notes  of  said 
banks  which  may  come  into  his  possession  subject  to  redemption ; 
and  upon  the  certificate  of  the  Comptroller  of  the  Currency  that 
such  notes  have  been  received  by  him  and  that  they  have  been 
destroyed  and  that  no  new  notes  will  be  issued  in  their  place, 
reimbursement  of  their  amount  shall  be  made  to  the  Treasurer, 
under  such  regulations  as  the  Secretary  of  the  Treasury  may 
prescribe,  from  an  appropriation  hereby  created,  to  be  known 
as  "  National  bank  notes :  Redemption  account,"  but  the  provi 
sions  of  this  act  shall  not  apply  to  the  deposits  received  under 
section  three  of  the  act  of  June  twentieth,  eighteen  hundred  and 
seventy-four,  requiring  every  National  bank  to  keep  in  lawful 
money  with  the  Treasurer  of  the  United  States  a  sum  equal  to 
five  percentum  of  its  circulation,  to  be  held  and  used  for  the 
redemption  of  its  circulating  notes;  and  the  balance  remaining 


1890]  "ORIGINAL  PACKAGE"  ACT  40 1 

of  the  deposits  so  covered  shall,  at  the  close  of  each  month,  be 
reported  on  the  monthly  public  debt  statement  as  debt  of  the 
United  States  bearing  no  interest. 

SEC.  7.  That  this  act  shall  take  effect  thirty  days  from  and 
after  its  passage. 

APPROVED,  July  14,  1890. 


No.    122.     "Original  Package"  Act 

August  8,  1890 

IN  the  case  of  Leisy  v.  Hardin,  decided  in  1890,  the  Supreme  Court  of  the 
United  States  held  that,  in  the  absence  of  a  federal  law  to  the  contrary,  intoxi 
cating  liquors,  being  subjects  of  interstate  commerce,  might  be  transported 
from  one  State  to  another,  and  sold  in  the  original  packages  in  which  they 
were  introduced,  notwithstanding  the  prohibitory  laws  of  the  State  in  which 
they  were  offered  for  sale.  As  the  decision  would  have  the  effect  of  nullifying 
to  a  considerable  extent  State  prohibitory  legislation,  protection  was  immedi 
ately  sought  at  the  hands  of  Congress.  A  bill  "  subjecting  imported  liquors  to 
the  provisions  of  the  laws  of  the  several  States  "  had  been  introduced  in  the 
Senate,  December  4, 1889,  by  James  F.  Wilson  of  Iowa.  The  bill  was  reported 
with  an  amendment  May  14,  1890.  May  27  the  amendment  was  withdrawn 
and  a  substitute  offered  ;  on  the  29th  the  amended  substitute  passed  the 
Senate,  the  vote  being  34  to  10,  40  not  voting.  A  substitute  for  the  Senate 
bill  passed  the  House  July  22  by  a  vote  of  177  to  38,  112  not  voting.  The 
Senate  refused  to  concur  in  the  House  amendment,  and  the  bill  went  to  a 
conference  committee.  The  report  of  the  committee,  recommending  that  the 
House  recede  from  its  amendments,  was  accepted  by  the  House,  August  6,  by 
a  vote  of  119  to  93,  115  not  voting,  and  by  the  Senate  August  7,  without  a 
division. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XXVI,  313.  For  the 
proceedings  see  the  House  and  Senate  Journals,  5ist  Cong.,  1st  Sess.,  and 
the  Cong.  Record.  The  Senate  report  of  May  14  is  Senate  Report  993; 
the  House  Report  of  July  I  is  House  Report  2604 ;  see  also  Senate  Report 
610,  5Oth  Cong.,  1st  Sess.  The  case  of  Leisy  v.  Hardin  is  in  135  U.S. 
Reports,  100  ;  see  also  In  re  Rahrer,  140  ibid.,  545  ;  Gould  and  Tucker, 
Notes  on  the  Revised  Statutes,  II,  621,  622. 

2D 


462  ANTI-LOTTERY  ACT  [Sept.  18 

An  act  to  limit  the  effect  of  the  regulations  of  commerce  between  the  sev 
eral  States  and  with  foreign  countries  in  certain  cases. 

Be  it  enacted  .  .  .,  That  all  fermented,  distilled,  or  other  in 
toxicating  liquors  or  liquids  transported  into  any  State  or  Terri 
tory  or  remaining  therein  for  use,  consumption,  sale  or  storage 
therein,  shall  upon  arrival  in  such  State  or  Territory  be  subject 
to  the  operation  and  effect  of  the  laws  of  such  State  or  Territory 
enacted  in  the  exercise  of  its  police  powers,  to  the  same  extent 
and  in  the  same  manner  as  though  such  liquids  or  liquors  had 
been  produced  in  such  State  or  Territory,  and  shall  not  be 
exempt  therefrom  by  reason  of  being  introduced  therein  in  origi 
nal  packages  or  otherwise. 

APPROVED,  August  8,  1890. 


No.   123.     Anti-Lottery  Act 

September  18.  1890 

A  BILL  to  amend  certain  sections  of  the  Revised  Statutes  relating  to  the 
transmission  of  lottery  matter  by  mail  was  reported  in  the  House,  July  28, 
1890,  by  John  A.  Caldwell  of  Ohio,  from  the  Committee  on  Post  Offices  and 
Post  Roads,  in  place  of  sundry  bills  on  the  same  subject  previously  referred  to 
the  committee.  The  bill  was  taken  up  August  16,  amended,  and  passed. 
The  bill  was  reported  without  amendment  in  the  Senate  September  2,  and 
passed  that  body  on  the  i6th.  An  act  of  March  2,  1895,  extended  the  pro 
hibition  to  lottery  matter  originating  abroad. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXVI,  465,  466.  For 
the  proceedings  see  the  House  and  Senate  Journals,  513!  Cong.,  1st  Sess.,  and 
the  Cong.  Record.  There  was  no  debate  in  the  Senate.  See  also  House 
Report  2844  and  Senate  Report  1677. 

An  act  to  amend  certain  sections  of  the  Revised   Statutes  relating  to  lot 
teries,  and  for  other  purposes. 

Be  it  enacted  .  .  .,  That  section  thirty-eight  hundred  and 
ninety-four  of  the  Revised  Statutes  be,  and  the  same  is  hereby, 
amended  to  read  as  follows : 


1890]  ANTI-LOTTERY  ACT  40$ 

"  SEC.  3894.  No  letter,  postal-card,  or  circular  concerning  any 
lottery,  so-called  gift  concert,  or  other  similar  enterprise  offering 
prizes  dependent  upon  lot  or  chance,  or  concerning  schemes 
devised  for  the  purpose  of  obtaining  money  or  property  under 
false  pretenses,  and  no  list  of  the  drawings  at  any  lottery  or  simi 
lar  scheme,  and  no  lottery  ticket  or  part  thereof,  and  no  check, 
draft,  bill,  money,  postal  note,  or  money-order  for  the  purchase 
of  any  ticket,  tickets,  or  part  thereof,  or  of  any  share  or  any 
chance  in  any  such  lottery  or  gift  enterprise,  shall  be  carried  in 
the  mail  or  delivered  at  or  through  any  post-office  or  branch 
thereof,  or  by  any  letter  carrier ;  nor  shall  any  newspaper,  circu 
lar,  pamphlet,  or  publication  of  any  kind  containing  any  adver 
tisement  of  any  lottery  or  gift  enterprise  of  any  kind  offering 
prizes  dependent  upon  lot  or  chance,  or  containing  any  list  of 
prizes  awarded  at  the  drawings  of  any  such  lottery  or  gift  enter 
prise,  whether  said  list  is  of  any  part  or  of  all  of  the  drawing,  be 
carried  in  the  mail  or  delivered  by  any  postmaster  or  letter-carrier. 
Any  person  who  shall  knowingly  deposit  or  cause  to  be  deposited, 
or  who  shall  knowingly  send  or  cause  to  be  sent,  anything  to  be 
conveyed  or  delivered  by  mail  in  violation  of  this  section,  or  who 
shall  knowingly  cause  to  be  delivered  by  mail  anything  herein  for 
bidden  to  be  carried  by  mail,  shall  be  deemed  guilty  of  a  mis 
demeanor,  and  on  conviction  shall  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars  or  by  imprisonment  for  not  more 
than  one  year,  or  by  both  such  fine  and  imprisonment  for  each 
offense.  Any  person  violating  any  of  the  provisions  of  this  sec 
tion  may  be  proceeded  against  by  information  or  indictment  and 
tried  and  punished,  either  in  the  district  at  which  the  unlawful 
publication  was  mailed  or  to  which  it  is  carried  by  mail  for  deliv 
ery  according  to  the  direction  thereon,  or  at  which  it  is  caused  to 
be  delivered  by  mail  to  the  person  to  whom  it  is  addressed." 

SEC.  2.  That  section  thirty-nine  hundred  and  twenty-nine  of 
the  Revised  Statutes  be,  and  the  same  is  hereby,  amended  to  read 
as  follows : 

"  SEC.  3929.  The  Postmaster-General  may,  upon  evidence  satis 
factory  to  him  that  any  person  or  company  is  engaged  in  conduct- 


404  ANTI-LOTTERY  ACT  [Sept.  18 

ing  any  lottery,  gift  enterprise,  or  scheme  for  the  distribution  of 
money,  or  of  any  real  or  personal  property  by  lot,  chance,  or 
drawing  of  any  kind,  or  that  any  person  or  company  is  conduct 
ing  any  other  scheme  or  device  for  obtaining  money  or  property 
of  any  kind  through  the  mails  by  means  of  false  or  fraudulent  pre 
tenses,  representations,  or  promises,  instruct  postmasters  at  any 
postoffice  at  which  registered  letters  arrive  directed  to  any  such 
person  or  company,  or  to  the  agent  or  representative  of  any  such 
person  or  company,  whether  such  agent  or  representative  is  acting 
as  an  individual  or  as  a  firm,  bank,  corporation,  or  association  of 
any  kind,  to  return  all  such  registered  letters  to  the  postmaster 
at  the  office  at  which  they  were  originally  mailed,  with  the  word 
'  Fraudulent '  plainly  written  or  stamped  upon  the  outside  thereof; 
and  all  such  letters  so  returned  to  such  postmasters  shall  be  by 
them  returned  to  the  writers  thereof,  under  such  regulations  as 
the  Postmaster-General  may  prescribe.  But  nothing  contained  in 
this  section  shall  be  so  construed  as  to  authorize  any  postmaster 
or  other  person  to  open  any  letter  not  addressed  to  himself.  The 
public  advertisement  by  such  person  or  company  so  conducting 
such  lottery,  gift  enterprise,  scheme,  or  device,  that  remittances 
for  the  same  may  be  made  by  registered  letters  to  any  other  per 
son,  firm,  bank,  corporation,  or  association  named  therein  shall 
be  held  to  be  prima  facie  evidence  of  the  existence  of  said  agency 
by  all  the  parties  named  therein;  but  the  Postmaster-General 
shall  not  be  precluded  from  ascertaining  the  existence  of  such 
agency  in  any  other  legal  way  satisfactory  to  himself." 

SEC.  3.  That  section  four  thousand  and  forty-one  of  the  Re 
vised  Statutes  be,  and  the  same  is  hereby,  amended  to  read  as 
follows : 

"  SEC.  4041.  The  Postmaster-General  may,  upon  evidence  satis 
factory  to  him  that  any  person  or  company  is  engaged  in  conduct 
ing  any  lottery,  gift  enterprise,  or  scheme  for  the  distribution  of 
money,  or  of  any  real  or  personal  property  by  lot,  chance,  or 
drawing  of  any  kind,  or  that  any  person  or  company  is  conduct 
ing  any  other  scheme  for  obtaining  money  or  property  of  any 
kind  through  the  mails  by  means  of  false  or  fraudulent  pretenses, 


1890]  IMMIGRATION  AND   CONTRACT  LABOR  405 

representations,  or  promises,  forbid  the  payment  by  any  post 
master  to  said  person  or  company  of  any  postal  money-orders 
drawn  to  his  or  its  order,  or  in  his  or  its  favor,  or  to  the  agent 
of  any  such  person  or  company,  whether  such  agent  is  acting  as 
an  individual  or  as  a  firm,  bank,  corporation,  or  association  of  any 
kind,  and  may  provide  by  regulation  for  the  return  to  the  remit 
ters  of  the  sums  named  in  such  money-orders.  But  this  shall  not 
authorize  any  person  to  open  any  letter  not  addressed  to  himself. 
The  public  advertisement  by  such  person  or  company  so  conduct 
ing  any  such  lottery,  gift  enterprise,  scheme,  or  device,  that  remit 
tances  for  the  same  may  be  made  by  means  of  postal  money-orders 
to  any  other  person,  firm,  bank,  corporation,  or  association  named 
therein  shall  be  held  to  be  prima  facie  evidence  of  the  existence 
of  said  agency  by  all  the  parties  named  therein ;  but  the  Post 
master-General  shall  not  be  precluded  from  ascertaining  the  exist 
ence  of  such  agency  in  any  other  legal  way." 
APPROVED,  September  19,  1890. 


No.    124.     Immigration  and  Contract  Labor 

March  3,  1891 

AN  act  of  March  3,  1875,  forbade  the  entrance  into  the  United  States  of 
"  persons  who  are  undergoing  a  sentence  for  conviction  in  their  own  country 
of  felonious  crimes  other  than  political  or  growing  out  of  or  the  result  of  such 
political  offenses,  or  whose  sentence  has  been  remitted  on  condition  of  their 
emigration."  By  an  act  of  August  3,  1892,  a  duty  of  fifty  cents,  to  be  paid 
by  the  master,  owner,  agent  or  consignee  of  the  vessel,  was  imposed  for  each 
alien  entering  the  United  States  by  water.  Convicts,  insane  or  feeble-minded 
persons,  and  persons  liable  to  become  a  public  charge  were  forbidden  to  land, 
and  foreign  convicts,  "  except  those  convicted  of  political  offenses,"  were  to 
be  returned,  the  expense  of  returning  immigrants  who  were  denied  entrance 
to  be  borne  by  the  owners  of  the  vessels  in  which  they  came.  A  bill  further 
to  amend  the  laws  relating  to  immigration  and  contract  labor  was  introduced 
in  the  House,  February  12,  1891,  by  William  D.  Owen  of  Indiana,  and 
passed  on  the  2$th  by  a  vote  of  125  to  48.  The  Senate  substituted  the  House 


406  IMMIGRATION  AND   CONTRACT  LABOR        [March  3 

bill  for  a  similar  bill  of  its  own  already  under  consideration,  and  passed  the 
bill  on  the  27th. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXVI,  1084-1087.  For 
the  proceedings  see  the  House  and  Senate  Journals,  5ist  Cong.,  2d  Sess., 
and  the  Cong.  Record.  See  also  House  Reports  3807  and  3472  ;  House  Report 
2090,  52d  Cong.,  1st  Sess.  On  earlier  projects  see  House  Report  76,  4Oth 
Cong.,  2d  Sess. ;  House  Misc.  Doc.  22,  45th  Cong.,  2d  Sess. ;  House  Report  /, 
46th  Cong.,  2d  Sess.  See  also  the  act  of  August  2,  1882,  for  the  regulation 
of  passenger  traffic  by  sea. 

An  act  in  amendment  to  the  various  acts  relative  to  immigration  and  the 
importation  of  aliens  under  contract  or  agreement  to  perform  labor. 

Be  it  enacted  .  .  .,  That  the  following  classes  of  aliens  shall  be 
excluded  from  admission  into  the  United  States,  in  accordance 
with  the  existing  acts  regulating  immigration,  other  than  those 
concerning  Chinese  laborers :  All  idiots,  insane  persons,  paupers 
or  persons  likely  to  become  a  public  charge,  persons  suffering 
from  a  loathsome  or  a  dangerous  contagious  disease,  persons  who 
have  been  convicted  of  a  felony  or  other  infamous  crime  or  mis 
demeanor  involving  moral  turpitude,  polygamists,  and  also  any 
person  whose  ticket  or  passage  is  paid  for  with  the  money  of 
another  or  who  is  assisted  by  others  to  come,  unless  it  is  affirma 
tively  and  satisfactorily  shown  on  special  inquiry  that  such  person 
does  not  belong  to  one  of  the  foregoing  excluded  classes,  or  to 
the  class  of  contract  laborers  excluded  by  the  act  of  February 
twenty-sixth,  eighteen  hundred  and  eighty-five,  but  this  section 
shall  not  be  held  to  exclude  persons  living  in  the  United  States 
from  sending  for  a  relative  or  friend  who  is  not  of  the  excluded 
classes  under  such  regulations  as  the  Secretary  of  the  Treasury 
may  prescribe ;  Provided,  That  nothing  in  this  act  shall  be  con 
strued  to  apply  to  or  exclude  persons  convicted  of  a  political 
offense,  notwithstanding  said  political  offense  may  be  designated 
as  a  "  felony,  crime,  infamous  crime,  or  misdemeanor,  involving 
moral  turpitude  "  by  the  laws  of  the  land  whence  he  came  or  by 
the  court  convicting. 

SEC.  2.  That  no  suit  or  proceeding  for  violations  of  said  act  of 
February  twenty-sixth,  eighten  hundred  and  eighty-five,  prohibit- 


1891]  IMMIGRATION  AND  CONTRACT  LABOR  407 

ing  the  importation  and  migration  of  foreigners  under  contract  or 
agreement  to  perform  labor,  shall  be  settled,  compromised,  or  dis 
continued  without  the  consent  of  the  court  entered  of  record  with 
reasons  therefor. 

SEC.  3.  That  it  shall  be  deemed  a  violation  of  said  act  of  Feb 
ruary  twenty-sixth,  eighteen  hundred  and  eighty-five,  to  assist  or 
encourage  the  importation  or  migration  of  any  alien  by  promise 
of  employment  through  advertisements  printed  and  published  in 
any  foreign  country;  and  any  alien  coming  to  this  country  in 
consequence  of  such  an  advertisement  shall  be  treated  as  coming 
under  a  contract  as  contemplated  by  such  act ;  and  the  penalties 
by  said  act  imposed  shall  be  applicable  in  such  a  case  :  Provided^ 
This  section  shall  not  apply  to  States  and  Immigration  Bureaus  of 
States  advertising  the  inducements  they  offer  for  immigration  to 
such  States. 

SEC.  4.  That  no  steamship  or  transportation  company  or  owners 
of  vessels  shall  directly,  or  through  agents,  either  by  writing, 
printing,  or  oral  representations,  solicit,  invite  or  encourage  the 
immigration  of  any  alien  into  the  United  States  except  by  ordi 
nary  commercial  letters,  circulars,  advertisements,  or  oral  repre 
sentations,  stating  the  sailings  of  their  vessels  and  the  terms  and 
facilities  of  transportation  therein ;  and  for  a  violation  of  this  pro 
vision  any  such  steamship  or  transportation  company,  and  any 
such  owners  of  vessels,  and  the  agents  by  them  employed,  shall  be 
subjected  to  the  penalties  imposed  by  the  third  section  of  said 
act  of  February  twenty- sixth,  eighteen  hundred  and  eighty-five, 
for  violations  of  the  provision  of  the  first  section  of  said  act. 

SEC.  5.  That  section  five  of  said  act  of  February  twenty-sixth, 
eighteen  hundred  and  eighty-five,  shall  be,  and  hereby  is,  amended 
by  adding  to  the  second  proviso 1  in  said  sections  the  words  "  nor 
to  ministers  of  any  religious  denomination,  nor  persons  belonging 
to  any  recognized  profession,  nor  professors  for  colleges  and  semi 
naries,"  and  by  excluding  from  the  second  proviso  of  said  section 
the  words  "  or  any  relative  or  personal  friend." 

SEC.  6.  That  any  person  who  shall  bring  into  or  land  in  the 

1 "  First  proviso  "  substituted  by  act  of  March  3,  1893,  chap.  206,  sec.  6. 


408  IMMIGRATION  AND  CONTRACT  LABOR        [March  3 

United  States  by  vessel  or  otherwise,  or  who  shall  aid  to  bring 
into  or  land  in  the  United  States  by  vessel  or  otherwise,  any  alien 
not  lawfully  entitled  to  enter  the  United  States  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall,  on  conviction,  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  for 
a  term  not  exceeding  one  year,  or  by  both  such  fine  and  imprison 
ment. 

SEC.  7.  That  the  office  of  superintendent  of  immigration  is 
hereby  created  and  established,  and  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate,  is  authorized  and  directed 
to  appoint  such  officer.  .  .  .  The  superintendent  of  immigration 
shall  be  an  officer  in  the  Treasury  Department,  under  the  control 
and  supervision  of  the  Secretary  of  the  Treasury,  to  whom  he  shall 
make  annual  reports  in  writing  of  the  transactions  of  his  office, 
together  with  such  special  reports,  in  writing,  as  the  Secretary  of 
the  Treasury  shall  require.  .  .  . 

SEC.  8.  That  upon  the  arrival  by  water  at  any  place  within  the 
United  States  of  any  alien  immigrants  it  shall  be  the  duty  of  the 
commanding  officer  and  the  agents  of  the  steam  or  sailing  vessel 
by  which  they  came  to  report  the  name,  nationality,  last  residence, 
and  destination  of  every  such  alien,  before  any  of  them  are  landed, 
to  the  proper  inspection  officers,  who  shall  thereupon  go  or  send 
competent  assistants  on  board  such  vessel  and  there  inspect  all 
such  aliens,  or  the  inspection  officers  may  order  a  temporary 
removal  of  such  aliens  for  examination  at  a  designated  time  and 
place,  and  then  and  there  detain  them  until  a  thorough  inspection 
is  made.  But  such  removal  shall  not  be  considered  a  landing 
during  the  pendency  of  such  examination.  The  medical  examina 
tion  shall  be  made  by  surgeons  of  the  Marine  Hospital  Service. 
In  cases  where  the  services  of  a  Marine  Hospital  Surgeon  can  not 
be  obtained  without  causing  unreasonable  delay  the  inspector  may 
cause  an  alien  to  be  examined  by  a  civil  surgeon  and  the  Secre 
tary  of  the  Treasury  shall  fix  the  compensation  for  such  examina 
tion.  The  inspection  officers  and  their  assistants  shall  have  power 
to  administer  oaths,  and  to  take  and  consider  testimony  touching 
the  right  of  any  such  aliens  to  enter  the  United  States,  all  of  which 


1891]  IMMIGRATION  AND   CONTRACT  LABOR  409 

shall  be  entered  of  record.1  During  such  inspection  after  tempo 
rary  removal  the  superintendent  shall  cause  such  aliens  to  be  prop 
erly  housed,  fed,  and  cared  for,  and  also,  in  his  discretion,  such 
as  are  delayed  in  proceeding  to  their  destination  after  inspection. 
All  decisions  made  by  the  inspection  officers  or  their  assistants 

1  The  following  additional  regulations  and  requirements  were  established  by  an 
act  of  March  3,  1893,  chap.  206 :  "  That,  in  addition  to  conforming  to  all  present 
requirements  of  law,  upon  the  arrival  of  any  alien  immigrants  by  water  at  any  port 
within  the  United  States,  it  shall  be  the  duty  of  the  master  or  commanding  officer 
of  the  steamer  or  sailing  vessel  having  said  immigrants  on  board  to  deliver  to  the 
proper  inspector  of  immigration  at  the  port  lists  or  manifests  made  at  the  time  and 
place  of  embarkation  of  such  alien  immigrants  on  board  such  steamer  or  vessel, 
which  shall,  in  answer  to  questions  at  the  top  of  said  lists,  state  as  to  each  immi 
grant  the  full  name,  age,  and  sex,  whether  married  or  single ;  the  calling  or  occupa 
tion  ;  whether  able  to  read  or  write ;  the  nationality ;  the  last  residence ,  the  seaport 
for  landing  in  the  United  States ;  the  final  destination,  if  any,  beyond  the  seaport 
of  landing ;  whether  having  a  ticket  through  to  such  final  destination ;  whether  the 
immigrant  has  paid  his  own  passage  or  whether  it  has  been  paid  by  other  persons 
or  by  any  corporation,  society,  municipality,  or  government ;  whether  in  possession 
of  money,  and  if  so,  whether  upwards  of  thirty  dollars  and  how  much  if  thirty  dollars 
or  less;  whether  going  to  join  a  relative,  and  if  so,  what  relative  and  his  name 
and  address ;  whether  ever  before  in  the  United  States,  and  if  so,  when  and  where ; 
whether  ever  in  prison  or  almshouse  or  supported  by  charity  ;  whether  a  polyga- 
mist ;  whether  under  contract,  express  or  implied,  to  perform  labor  in  the  United 
States ;  and  what  is  the  immigrant's  condition  of  health  mentally  and  physically, 
and  whether  deformed  or  crippled,  and  if  so,  from  what  cause. 

"  SEC.  2.  That  the  immigrants  shall  be  listed  in  convenient  groups  and  no  one 
list  or  manifest  shall  contain  more  than  thirty  names. 

"  To  each  immigrant  or  head  of  a  family  shall  be  given  a  ticket  on  which  shall 
be  written  his  name,  a  number  or  letter  designating  the  list,  and  his  number  on  the 
list,  for  convenience  of  identification  on  arrival.  Each  list  or  manifest  shall  be  verified 
by  the  signature  and  the  oath  or  affirmation  of  the  master  or  commanding  officer 
or  of  the  officer  first  or  second  below  him  in  command,  taken  before  the  United 
States  consul  or  consular  agent  at  the  port  of  departure,  before  the  sailing  of  said 
vessel,  to  the  effect  that  he  has  made  a  personal  examination  of  each  and  all  of  the 
passengers  named  therein,  and  that  he  has  caused  the  surgeon  of  said  vessel  sail 
ing  therewith  to  make  a  physical  examination  of  each  of  said  passengers,  and  that 
from  his  personal  inspection  and  the  report  of  said  surgeon  he  believes  that  no  one 
of  said  passengers  is  an  idiot  or  insane  person,  or  a  pauper  or  likely  to  become  a 
public  charge,  or  suffering  from  a  loathsome  or  dangerous  contagious  disease,  or  a 
person  who  has  been  convicted  of  a  felony  or  other  infamous  crime  or  misde 
meanor  involving  moral  turpitude,  or  a  polygamist,  or  under  a  contract  or  agree 
ment,  express  or  implied,  to  perform  labor  in  the  United  States,  and  that  also, 
according  to  the  best  of  his  knowledge  and  belief,  the  information  in  said  list  or 
manifest  concerning  each  of  said  passengers  named  therein  is  correct  and  true." 


4IO  IMMIGRATION  AND   CONTRACT   LABOR         [March  3 

touching  the  right  of  any  alien  to  land,  when  adverse  to  such 
right,  shall  be  final  unless  appeal  be  taken  to  the  superintendent 
of  immigration,  whose  action  shall  be  subject  to  review  by  the 
Secretary  of  the  Treasury.  It  shall  be  the  duty  of  the  aforesaid 
officers  and  agents  of  such  vessel  to  adopt  due  precautions  to  pre 
vent  the  landing  of  any  alien  immigrant  at  any  place  or  time  other 
than  that  designated  by  the  inspection  officers,  and  any  such 
officer  or  agent  or  person  in  charge  of  such  vessel  who  shall 
either  knowingly  or  negligently  land  or  permit  to  land  any  alien 
immigrant  at  any  place  or  time  other  than  that  designated  by  the 
inspection  officers,  shall  be  deemed  guilty  of  a  misdemeanor  and 
punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  by  im 
prisonment  for  a  term  not  exceeding  one  year,  or  by  both  such 
fine  and  imprisonment. 

That  the  Secretary  of  the  Treasury  may  prescribe  rules  for  in 
spection  along  the  borders  of  Canada,  British  Columbia,  and 
Mexico  so  as  not  to  obstruct  or  necessarily  delay,  impede,  or 
annoy  passengers  in  ordinary  travel  between  said  countries  :  Pro 
vided,  That  not  exceeding  one  inspector  shall  be  appointed  for 
each  customs  district.  .  .  . 

All  duties  imposed  and  powers  conferred  by  the  second  section 
of  the  act  of  August  third,  eighteen  hundred  and  eighty-two,  upon 
State  commissioners,  boards,  or  officers  acting  under  contract 
with  the  Secretary  of  the  Treasury  shall  be  performed  and  exer 
cised,  as  occasion  may  arise,  by  the  inspection  officers  of  the 
United  States. 

SEC.  9.  That  for  the  preservation  of  the  peace  and  in  order 
that  arrests  may  be  made  for  crimes  under  the  laws  of  the  States 
where  the  various  United  States  immigrant  stations  are  located, 
the  officials  in  charge  of  such  stations  as  occasion  may  require 
shall  admit  therein  the  proper  State  and  municipal  officers  charged 
with  the  enforcement  of  such  laws,  and  for  the  purposes  of  this 
section  the  jurisdiction  of  such  officers  and  of  the  local  courts 
shall  extend  over  such  stations. 

SEC.  10.  That  all  aliens  who  may  unlawfully  come  to  the  United 
States  shall,  if  practicable,  be  immediately  sent  back  on  the  vessel 


1891]  REPEAL  OF  SILVER  PURCHASE  ACT  411 

by  which  they  were  brought  in.  The  cost  of  their  maintenance 
while  on  land,  as  well  as  the  expense  of  the  return  of  such  aliens, 
shall  be  borne  by  the  owner  or  owners  of  the  vessel  on  which  such 
aliens  came ;  and  if  any  master,  agent,  consignee,  or  owner  of  such 
vessel  shall  refuse  to  receive  back  on  board  the  vessel  such  aliens, 
or  shall  neglect  to  detain  them  thereon,  or  shall  refuse  or  neglect 
to  return  them  to  the  port  from  which  they  came,  or  to  pay  the 
cost  of  their  maintenance  while  on  land,  such  master,  agent,  con 
signee,  or  owner  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  not  less  than  three  hundred  dollars  for 
each  and  every  offense;  and  any  such  vessel  shall  not  have  clearance 
from  any  port  of  the  United  States  while  any  such  fine  is  unpaid. 

SEC.  1 1 .  That  any  alien  who  shall  come  into  the  United  States 
in  violation  of  law  may  be  returned  as  by  law  provided,  at  any 
time  within  one  year  thereafter,  at  the  expense  of  the  person  or 
persons,  vessel,  transportation  company,  or  corporation  bringing 
such  alien  into  the  United  States,  and  if  that  can  not  be  done, 
then  at  the  expense  of  the  United  States;  and  any  alien  who 
becomes  a  public  charge  within  one  year  after  his  arrival  in  the 
United  States  from  causes  existing  prior  to  his  landing  therein 
shall  be  deemed  to  have  come  in  violation  of  law  and  shall  be 
returned  as  aforesaid. 

SEC.  12.   [Pending  actions  not  affected.] 

SEC.  13.  [Jurisdiction  of  courts]  ;  and  this  act  shall  go  into 
effect  on  the  first  day  of  April,  eighteen  hundred  and  ninety-one. 

APPROVED,  March  3,  1891. 


No.  125.     Repeal  of  the  Silver  Purchase  Act 
of  1890 

November  i,  1893 

A  BILL  to  repeal  the  silver  purchase  act  of  July  14,  1890  [No.  121],  was 
introduced  in  the  House,  August  n,  1893,  by  William  L.Wilson  of  West 
Virginia.  A  free  coinage  substitute  was  offered  by  Bland  of  Missouri.  On 


412  REPEAL   OF  SILVER   PURCHASE  ACT  [Nov.  i 

motion  of  Bland  it  was  agreed  that  the  debate  should  continue  for  fourteen 
days,  eleven  days  to  be  allotted  to  general  debate  under  the  rules  of  the  last 
House,  and  the  last  three  days  to  the  consideration  of  the  bill  and  amend 
ments  under  the  five-minute  rule  ;  that  upon  the  close  of  the  debate,  votes 
should  be  taken  in  the  following  order :  on  free  coinage  of  silver  at  the  pres 
ent  ratio,  then  at  the  ratio  of  17  to  I,  then  at  the  ratio  of  18  to  I,  then  at  the 
ratio  of  19  to  I,  and  finally  at  the  ratio  of  20  to  i;  and  that  in  the  event  of 
these  several  votes  resulting  in  the  negative,  the  House  should  vote  on  an 
amendment  to  revive  the  so-called  Bland- Allison  act  of  February  28,  1878 
[No.  102].  The  bill  was  then  taken  up,  and  formed  the  principal  subject  of 
debate  until  August  28.  The  disastrous  panic,  due  in  part  to  the  anxiety 
caused  by  the  shrinkage  of  gold  reserve  notwithstanding  the  rapid  increase  in 
the  volume  of  silver  certificates,  made  the  debate  one  of  extraordinary  public 
interest,  while  the  advocates  of  silver  carried  on  a  vigorous  agitation  for  free 
coinage  in  the  event  of  a  repeal  of  the  compulsory  purchase  clause  of  the  act 
of  1890.  The  votes  taken  August  28  resulted  as  follows :  on  the  free  coin 
age  substitute,  125  to  226  ;  on  free  coinage  at  the  ratio  of  17  to  i,  101  to  241 ; 
at  18  to  I,  103  to  240  ;  at  19  to  I,  104  to  238  ;  at  20  to  i,  122  to  222  ;  on 
reviving  the  Bland- Allison  act,  136  to  213.  The  bill  was  then  read  a  third 
time  and  passed,  the  vote  being  239  to  109,  5  not  voting.  The  Senate  had 
under  consideration  a  bill  to  the  same  effect  as  the  House  bill,  as  far  as  repeal 
ing  the  purchase  clause  of  the  act  of  1890  was  concerned  ;  August  29  this  was 
reported  by  the  Committee  on  Finance  as  a  substitute  for  the  House  bill.  The 
bill  was  not  considered  until  October  30,  when  the  substitute  was  agreed  to 
and  the  bill  passed,  the  final  vote  being  43  to  32.  November  I,  by  a  vote  of 
194  to  94,  65  not  voting,  the  House  concurred  in  the  Senate  amendment.  A 
bill  to  "  coin  the  seigniorage  "  was  vetoed  by  President  Cleveland  May  27, 1894. 
REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXVIII,  4,  5.  For  the 
proceedings  see  the  House  and  Senate  Journals,  53d  Cong.,  1st  Sess.,  and  the 
Cong.  Record.  Practically  every  aspect  of  the  silver  question  was  touched  on 
in  the  debate. 

An  Act  to  repeal  a  part  of  an  act  approved  July  fourteenth,  eighteen  hundred 
and  ninety,  entitled  "  An  act  directing  the  purchase  of  silver  bullion  and 
the  issue  of  Treasury  notes  thereon,  and  for  other  purposes." 

Be  it  enacted  .  .  .,  That  so  much  of  the  act  approved  July  four 
teenth,  eighteen  hundred  and  ninety,  entitled  "An  act  directing 
the  purchase  of  silver  bullion  and  issue  of  Treasury  notes  thereon, 
and  for  other  purposes,"  as  directs  the  Secretary  of  the  Treasury 
to  purchase  from  time  to  time  silver  bullion  to  the  aggregate 
amount  of  fpur  million  five  hundred  thousand  ounces,  or  so  much 


1891]  CLEVELAND'S  VENEZUELAN   MESSAGE  413 

thereof  as  may  be  offered  in  each  month  at  the  market  price 
thereof,  not  exceeding  one  dollar  for  three  hundred  and  seventy- 
one  and  twenty-five  one-hundredths  grains  of  pure  silver,  and  to 
issue  in  payment  for  such  purchases  Treasury  notes  of  the  United 
States,  be,  and  the  same  is  hereby,  repealed.  And  it  is  hereby 
declared  to  be  the  policy  of  the  United  States  to  continue  the 
use  of  both  gold  and  silver  as  standard  money,  and  to  coin  both 
gold  and  silver  into  money  of  equal  intrinsic  and  exchangeable 
value,  such  equality  to  be  secured  through  international  agree 
ment,  or  by  such  safeguards  of  legislation  as  will  insure  the  main 
tenance  of  the  parity  in  value  of  the  coins  of  the  two  metals,  and 
the  equal  power  of  every  dollar  at  all  times  in  the  markets  and  in 
the  payment  of  debts.  And  it  is  hereby  further  declared  that  the 
efforts  of  the  Government  should  be  steadily  directed  to  the  estab 
lishment  of  such  a  safe  system  of  bimetallism  as  will  maintain  at 
all  times  the  equal  power  of  every  dollar  coined  or  issued  by  the 
United  States,  in  the  markets  and  in  the  payment  of  debts. 
APPROVED,  November  i,  1893. 


No.  126.      President  Cleveland's  Venezuelan 
Message 

December  17,  1895 

THE  controversy  over  the  boundary  between  Venezuela  and  Dutch  Guiana, 
dating  almost  from  the  beginning  of  European  settlements  in  the  region, 
became  of  immediate  interest  to  England  in  1814,  when  Berbice,  Demerara, 
and  Essequibo  were  ceded  by  the  Netherlands  to  Great  Britain.  Negotiations 
with  Great  Britain  for  the  settlement  of  the  dispute  were  begun  in  1841,  and 
continued  with  more  or  less  interruption  thereafter,  but  without  result.  An 
offer  to  arbitrate,  made  by  the  United  States  in  December,  1886,  was  declined 
by  Great  Britain.  The  following  year  diplomatic  relations  between  the  latter 
power  and  Venezuela  were  broken  off,  but  correspondence  on  the  subject  on 
the  part  of  the  United  States  continued.  A  joint  resolution  of  February  20, 
1895,  "earnestly  recommended  "  arbitration  "to  the  favorable  consideration 
of  both  the  parties  in  interest."  In  a  communication  of  July  20,  1895,  Secre- 


414  CLEVELAND'S  VENEZUELAN  MESSAGE  [Dec.  17 

tary  of  State  Olney  strongly  asserted  the  interest  of  the  United  States  in  the 
controversy  because  of  its  bearing  on  the  Monroe  Doctrine.  To  this  com 
munication  Lord  Salisbury  replied  in  two  notes  dated  November  26.  An 
appropriation  of  $100,000  for  the  expenses  of  the  commission  proposed  by 
President  Cleveland  in  his  message  of  December  1 7  was  promptly  made,  and 
the  commission,  the  members  of  which  were  David  J.  Brewer,  R.  H.  Alvey, 
F.  R.  Coudert,  Daniel  C.  Oilman,  and  Andrew  D.  White,  organized  in  Janu 
ary,  1896.  February  2,  1897,  a  treaty  was  concluded  between  Great  Britain 
and  Venezuela  for  a  tribunal  of  arbitration  to  determine  the  boundary  line  in 
dispute.  The  report  of  the  American  commission  was  submitted  February  27. 
The  tribunal  of  arbitration  met  in  Paris  June  15, 1899,  and  October  3  delivered 
its  award. 

REFERENCES.  —  Text  in  Senate  Journal,  54th  Cong.,  1st  Sess.,  55,  56.  The 
papers  accompanying  the  message  are  in  the  Cong.  Record,  pp.  191-199.  The 
official  documents  are  voluminous,  comprising  the  Report  and  Accompanying 
Papers  of  the  Commission  ;  British  Blue  Books,  United  States,  No.  I  (1896), 
Venezuela,  Nos.  I,  3,  4,  5  (1896)  ;  Official  History  of  the  Discussion,  etc. 
(Atlanta,  Ga.,  1896)  ;  Venezuelan  Documents ;  Venezuelan  Briefs ;  Case  of 
Venezuela  ;  Printed  Argument  on  behalf  of  Venezuela  ;  Counter  Case  of  Vene 
zuela  ;  British  Case;  British  Counter  Case;  and  the  Proceedings  of  the 
tribunal  of  arbitration.  See  also  Senate  Exec.  Doc.  226,  5oth  Cong.,  ist  Sess. 

To  the  Congress: 

In  my  annual  message  addressed  to  the  Congress  on  the  3d 
instant  I  called  attention  to  the  pending  boundary  controversy 
between  Great  Britain  and  the  Republic  of  Venezuela,  and  recited 
the  substance  of  a  representation  made  by  this  Government  to 
Her  Britannic  Majesty !s  Government  suggesting  reasons  why  such 
dispute  should  be  submitted  to  arbitration  for  settlement  and  in 
quiring  whether  it  would  be  so  submitted. 

The  answer  of  the  British  Government,  which  was  then  awaited, 
has  since  been  received,  and,  together  with  the  dispatch  to  which 
it  is  a  reply,  is  hereto  appended. 

Such  reply  is  embodied  in  two  communications  addressed  by 
the  British  prime  minister  to  Sir  Julian  Pauncefote,  the  British 
ambassador  at  this  capital.  It  will  be  seen  that  one  of  these 
communications  is  devoted  exclusively  to  observations  upon  the 
Monroe  doctrine,  and  claims  that  in  the  present  instance  a  new 
and  strange  extension  and  development  of  this  doctrine  is  insisted 


1895]  CLEVELAND'S  VENEZUELAN   MESSAGE  415 

on  by  the  United  States,  that  the  reasons  justifying  an  appeal  to 
the  doctrine  enunciated  by  President  Monroe  are  generally  inap 
plicable  "  to  the  state  of  things  in  which  we  live  at  the  present 
day,"  and  especially  inapplicable  to  a  controversy  involving  the 
boundary  line  between  Great  Britain  and  Venezuela. 

Without  attempting  extended  argument  in  reply  to  these  posi 
tions,  it  may  not  be  amiss  to  suggest  that  the  doctrine  upon  which 
we  stand  is  strong  and  sound  because  its  enforcement  is  important 
to  our  peace  and  safety  as  a  nation,  and  is  essential  to  the  integ 
rity  of  our  free  institutions  and  the  tranquil  maintenance  of  our 
distinctive  form  of  government.  It  was  intended  to  apply  to  every 
stage  of  our  national  life,  and  can  not  become  obsolete  while  our 
Republic  endures.  If  the  balance  of  power  is  justly  a  cause  for 
jealous  anxiety  among  the  Governments  of  the  Old  World  and  a 
subject  for  our  absolute  noninterference,  none  the  less  is  an  observ 
ance  of  the  Monroe  doctrine  of  vital  concern  to  our  people  and 
their  Government. 

Assuming,  therefore,  that  we  may  properly  insist  upon  this 
doctrine  without  regard  to  "the  state  of  things  in  which  we 
live,"  or  any  changed  conditions  here  or  elsewhere,  it  is  not 
apparent  why  its  application  may  not  be  invoked  in  the  present 
controversy. 

If  a  European  power,  by  an  extension  of  its  boundaries,  takes 
possession  of  the  territory  of  one  of  our  neighboring  Republics 
against  its  will  and  in  derogation  of  its  rights,  it  is  difficult  to  see 
why,  to  that  extent,  such  European  power  does  not  thereby 
attempt  to  extend  its  system  of  government  to  that  portion  .of 
this  continent  which  is  thus  taken.  This  is  the  precise  action 
which  President  Monroe  declared  to  be  "  dangerous  to  our  peace 
and  safety,"  and  it  can  make  no  difference  whether  the  European 
system  is  extended  by  an  advance  of  frontier  or  otherwise. 

It  is  also  suggested  in  the  British  reply  that  we  should  not 
seek  to  apply  the  Monroe  doctrine  to  the  pending  dispute  be 
cause  it  does  not  embody  any  principle  of  international  law 
which  "  is  founded  on  the  general  consent  of  nations,"  and  that 
"  no  statesman  however  eminent,  and  no  nation  however  power- 


4l6  CLEVELAND'S  VENEZUELAN   MESSAGE  [Dec.  17 

fill,  are  competent  to  insert  into  the  code  of  international  law  a 
novel  principle  which  was  never  recognized  before,  and  which 
has  not  since  been  accepted  by  the  Government  of  any  other 
country." 

Practically,  the  principle  for  which  we  contend  has  peculiar, 
if  not  exclusive,  relation  to  the  United  States.  It  may  not  have 
been  admitted  in  so  many  words  to  the  code  of  international 
law,  but  since  in  international  councils  every  nation  is  entitled 
to  the  rights  belonging  to  it,  if  the  enforcement  of  the  Monroe 
doctrine  is  something  we  may  justly  claim,  it  has  its  place  in 
the  code  of  international  law  as  certainly  and  as  securely  as  if 
it  were  specifically  mentioned,  and  when  the  United  States  is  a 
suitor  before  the  high  tribunal  that  administers  international  law 
the  question  to  be  determined  is  whether  or  not  we  present 
claims  which  the  justice  of  that  code  of  law  can  find  to  be  right 
and  valid. 

The  Monroe  doctrine  finds  its  recognition  in  those  principles 
of  international  law  which  are  based  upon  the  theory  that  every 
nation  shall  have  its  rights  protected  and  its  just  claims  enforced. 

Of  course  this  Government  is  entirely  confident  that  under  the 
sanction  of  this  doctrine  we  have  clear  rights  and  undoubted 
claims.  Nor  is  this  ignored  in  the  British  reply.  The  prime 
minister,  while  not  admitting  that  the  Monroe  doctrine  is  appli 
cable  to  present  conditions,  states  :  "  In  declaring  that  the  United 
States  would  resist  any  such  enterprise  if  it  was  contemplated 
President  Monroe  adopted  a  policy  which  received  the  entire 
sympathy  of  the  English  Government  of  that  date."  He  further 
declares  :  "  Though  the  language  of  President  Monroe  is  directed 
to  the  attainment  of  objects  which  most  Englishmen  would  agree  to 
be  salutary,  it  is  impossible  to  admit  that  they  have  been  inscribed 
by  any  adequate  authority  in  the  code  of  international  law." 

Again  he  says :  "  They  (Her  Majesty's  Government)  fully 
concur  with  the  view  which  President  Monroe  apparently  enter 
tained,  that  any  disturbance  of  the  existing  territorial  distribution 
in  that  hemisphere  by  any  fresh  acquisitions  on  the  part  of  any 
European  State  would  be  a  highly  inexpedient  change." 


1895]  CLEVELAND'S  VENEZUELAN   MESSAGE  417 

In  the  belief  that  the  doctrine  for  which  we  contend  was  clear 
and  definite,  that  it  was  founded  upon  substantial  considerations 
and  involved  our  safety  and  welfare,  that  it  was  fully  applicable 
to  our  present  conditions  and  to  the  state  of  the  world's  progress, 
and  that  it  was  directly  related  to  the  pending  controversy,  and 
without  any  conviction  as  to  the  final  merits  of  the  dispute,  but 
anxious  to  learn  in  a  satisfactory  and  conclusive  manner  whether 
Great  Britain  sought,  under  a  claim  of  boundary,  to  extend  her 
possessions  on  this  continent  without  right,  or  whether  she  merely 
sought  possession  of  territory  fairly  included  within  her  lines  of 
ownership,  this  Government  proposed  to  the  Government  of  Great 
Britain  a  resort  to  arbitration  as  the  proper  means  of  settling  the 
question,  to  the  end  that  a  vexatious  boundary  dispute  between 
the  two  contestants  might  be  determined  and  our  exact  standing 
and  relation  in  respect  to  the  controversy  might  be  made  clear. 

It  will  be  seen  from  the  correspondence  herewith  submitted 
that  this  proposition  has  been  declined  by  the  British  Govern 
ment,  upon  grounds  which,  in  the  circumstances,  seem  to  me  to 
be  far  from  satisfactory.  It  is  deeply  disappointing  that  such  an 
appeal,  actuated  by  the  most  friendly  feelings  toward  both  nations 
directly  concerned,  addressed  to  the  sense  of  justice  and  to  the 
magnanimity  of  one  of  the  great  powers  of  the  world  and  touch 
ing  its  relations  to  one  comparatively  weak  and  small,  should  have 
produced  no  better  results. 

The  course  to  be  pursued  by  this  Government,  in  view  of  the 
present  condition,  does  not  appear  to  admit  of  serious  doubt. 
Having  labored  faithfully  for  many  years  to  induce  Great  Britain 
to  submit  this  dispute  to  impartial  arbitration,  and  having  been 
now  finally  apprised  of  her  refusal  to  do  so,  nothing  remains  but 
to  accept  the  situation,  to  recognize  its  plain  requirements,  and 
deal  with  it  accordingly.  Great  Britain's  present  proposition  has 
never  thus  far  been  regarded  as  admissible  by  Venezuela,  though 
any  adjustment  of  the  boundary  which  that  country  may  deem 
for  her  advantage  and  may  enter  into  of  her  own  free  will  can 
not  of  course  be  objected  to  by  the  United  States. 

Assuming,  however,  that  the  attitude  of  Venezuela  will  remain 

2E 


41 8  CLEVELAND'S  VENEZUELAN  MESSAGE  [Dec.  17 

unchanged,  the  dispute  has  reached  such  a  stage  as  to  make  it 
now  incumbent  upon  the  United  States  to  take  measures  to  deter 
mine  with  sufficient  certainty  for  its  justification  what  is  the  true 
divisional  line  between  the  Republic  of  Venezuela  and  British 
Guiana.  The  inquiry  to  that  end  should  of  course  be  conducted 
carefully  and  judicially,  and  due  weight  should  be  given  to  all 
available  evidence,  records,  and  facts  in  support  of  the  claims  of 
both  parties. 

/"in  order  that  such  an  examination  should  be  prosecuted  in  a 
thorough  and  satisfactory  manner,  I  suggest  that  the  Congress 
make  an  adequate  appropriation  for  the  expenses  of  a  commis 
sion,  to  be  appointed  by  the  Executive,  who  shall  make  the 
necessary  investigation  and  report  upon  the  matter  with  the 
least  possible  delay.  When  such  report  is  made  and  accepted 
it  will,  in  my  opinion,  be  the  duty  of  the  United  States  to  resist, 
by  every  means  in  its  power,  as  a  willful  aggression  upon  its 
rights  and  interests,  the  appropriation  by  Great  Britain  of  any 
lands  or  the  exercise  of  governmental  jurisdiction  over  any  terri 
tory  which,  after  investigation,  we  have  determined  of  right  be 
longs  to  Venezuela. 

In  making  these  recommendations  I  am  fully  alive  to  the 
responsibility  incurred,  and  keenly  realize  all  the  consequences 
that  may  follow. 

I  am,  nevertheless,  firm  in  my  conviction  that  while  it  is  a 
grievous  thing  to  contemplate  the  two  great  English-speaking 
peoples  of  the  world  as  being  otherwise  than  friendly  competi 
tors  in  the  onward  march  of  civilization  and  strenuous  and 
worthy  rivals  in  all  the  arts  of  peace,  there  is  no  calamity  which 
a  great  nation  can  invite  which  equals  that  which  follows  a 
supine  submission  to  wrong  and  injustice  and  the  consequent 
loss  of  national  self-respect  and  honor,  beneath  which  are  shielded 
and  defended  a  people's  safety  and  greatness. 

GROVER  CLEVELAND. 

EXECUTIVE  MANSION,  December  77,  1895. 


1895]  REAL  ESTATE  IN  TERRITORIES  419 

No.  127.     Alien  Ownership  of  Real  Estate  in 
the  Territories 

March  2,  1897 

A  BILL  to  amend  the  act  of  March  3,  1887  [No.  116],  relating  to  the  owner 
ship  of  real  estate  in  the  Territories  by  aliens,  was  introduced  in  the  House, 
May  i,  1896,  by  Thomas  B.  Catron,  delegate  from  New  Mexico.  The  bill 
was  reported  without  amendment  May  23,  but  no  further  action  was  taken 
during  the  session.  December  10  the  bill  was  called  up,  and,  after  some  dis 
cussion,  engrossment  was  refused.  Another  bill,  with  title  as  in  the  act  fol 
lowing,  was  introduced  by  Catron  on  the  lyth,  and  passed  January  12,  1897. 
The  bill  was  reported  without  amendment  in  the  Senate  February  16,  and 
passed  on  the  25th.  The  reason  for  the  act  was  stated  to  be  the  fact  that  the 
act  of  1887  had  operated  to  keep  capital  out  of  the  Territories. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XXIX,  618,  619.  For 
the  proceedings  see  the  House  and  Senate  Journals,  54th  Cong.,  1st  and  2d 
Sess.,  and  the  Cong.  Record.  The  text  of  the  bill  reported  May  23  is  in  the 
Record,  December  10.  See  House  Report  24^4 ;  Senate  Report  2690,  5Oth 
Cong.,  2d  Sess. 

An  Act  to  better  define  and  regulate  the  rights  of  aliens  to  hold  and  own  real 
estate  in  the  Territories. 

Be  it  enacted  .  .  .,  That  an  Act  entitled  "  An  Act  to  restrict 
the  ownership  of  real  estate  in  the  Territories  to  American  citi 
zens,  and  so  forth,"  approved  March  third,  eighteen  hundred  and 
eighty-seven,  except  so  far  as  it  affects  real  estate  in  the  District 
of  Columbia,  be,  and  the  same  is  hereby,  amended  so  as  to  read 
as  follows : 

"  That  no  alien  or  person  who  is  not  a  citizen"  of  the  United 
States,  or  who  has  not  declared  his  intention  to  become  a  citizen 
of  the  United  States  in  the  manner  provided  by  law  shall  acquire 
title  to  or  own  any  land  in  any  of  the  Territories  of  the  United 
States  except  as  hereinafter  provided  :  Provided,  That  the  prohibi 
tion  of  this  section  shall  not  apply  to  cases  in  which  the  right  to 
hold  or  dispose  of  lands  in  the  United  States  is  secured  by  exist 
ing  treaties  to  citizens  or  subjects  of  foreign  countries,  which 
rights,  so  far  as  they  may  exist  by  force  of  any  such  treaty,  shall 


420  REAL  ESTATE  IN  TERRITORIES  [March  2 

continue  to  exist  so  long  as  such  treaties  are  in  force,  and  no 
longer. 

"  SEC.  2.  That  this  Act  shall  not  apply  to  land  now  owned  in 
any  of  the  Territories  of  the  United  States  by  aliens,  which  was 
acquired  on  or  before  March  third,  eighteen  hundred  and  eighty- 
seven,  so  long  as  it  is  held  by  the  then  owners,  their  heirs  or  legal 
representatives,  nor  to  any  alien  who  shall  become  a  bona  fide 
resident  of  the  United  States,  and  any  alien  who  shall  become  a 
bona  fide  resident  of  the  United  States,  or  shall  have  declared 
his  intention  to  become  a  citizen  of  the  United  States  in  the  man 
ner  provided  by  law,  shall  have  the  right  to  acquire  and  hold 
lands  in  either  of  the  Territories  of  the  United  States  upon  the 
same  terms  as  citizens  of  the  United  States :  Provided,  That  if 
any  such  resident  alien  shall  cease  to  be  a  bona  fide  resident  of 
the  United  States  then  such  alien  shall  have  ten  years  from  the 
time  he  ceases  to  be  such  bona  fide  resident  in  which  to  alienate 
such  lands.  This  Act  shall  not  be  construed  to  prevent  any  per 
sons  not  citizens  of  the  United  States  from  acquiring  or  holding 
lots  or  parcels  of  lands  in  any  incorporated  or  platted  city,  town, 
or  village,  or  in  any  mine  or  mining  claim,  in  any  of  the  Territories 
of  the  United  States. 

"  SEC.  3.  That  this  Act  shall  not  prevent  aliens  from  acquiring 
lands  or  any  interests  therein  by  inheritance  or  in  the  ordinary 
course  of  justice  in  the  collection  of  debts,  nor  from  acquiring 
liens  on  real  estate  or  any  interest  therein,  nor  from  lending 
money  and  securing  the  same  upon  real  estate  or  any  interest 
therein ;  nor  from  enforcing  any  such  lien,  nor  from  acquiring 
and  holding  title  to  such  real  estate,  or  any  interest  therein,  upon 
which  a  lien  may  have  heretofore  or  may  hereafter  be  fixed,  or 
upon  which  a  loan  of  money  may  have  been  heretofore  or  here 
after  may  be  made  and  secured  :  Provided,  however,  That  all  lands 
so  acquired  shall  be  sold  within  ten  years  after  title  shall  be  per 
fected  in  him  under  said  sale  or  the  same  shall  escheat  to  the 
United  States  and  be  forfeited  as  hereinafter  provided. 

"  SEC.  4.  That  any  alien  who  shall  hereafter  hold  lands  in  any 
of  the  Territories  of  the  United  States  in  contravention  of  the  pro- 


1897]  REAL  ESTATE  IN  TERRITORIES,  421 

visions  of  this  Act  may  nevertheless  convey  his  title  thereto  at  any 
time  before  the  institution  of  escheat  proceedings  as  hereinafter 
provided :  Provided,  however,  That  if  any  such  conveyance  shall 
be  made  by  such  alien,  either  to  an  alien  or  to  a  citizen  of  the 
United  States,  in  trust  and  for  the  purpose  and  with  the  intention 
of  evading  the  provisions  of  this  Act,  such  conveyance  shall  be 
null  and  void,  and  any  such  lands  so  conveyed  shall  be  forfeited 
and  escheat  to  the  United  States. 

"  SEC.  5.  That  it  shall  be  the  duty  of  the  Attorney-General  of 
the  United  States,  when  he  shall  be  informed  or  have  reason  to 
believe  that  land  in  any  of  the  Territories  of  the  United  States  are 
[is]  being  held  contrary  to  the  provisions  of  this  Act,  to  institute  or 
cause  to  be  instituted  suit  in  behalf  of  the  United  States  in  the 
district  court  of  the  Territory  in  the  district  where  such  land  or  a 
part  thereof  may  be  situated,  praying  for  the  escheat  of  the  same 
on  behalf  of  the  United  States  to  the  United  States :  Provided, 
That  before  any  such  suit  is  instituted  the  Attorney-General  shall 
give  or  cause  to  be  given  ninety  days'  notice  by  registered  letter 
of  his  intention  to  sue,  or  by  personal  notice  directed  to  or  deliv 
ered  to  the  owner  of  said  land,  or  the  person  who  last  rendered 
the  same  for  taxation,  or  his  agent,  and  to  all  other  persons  hav 
ing  an  interest  in  such  lands  of  which  he  may  have  actual  or  con 
structive  notice.  In  the  event  personal  notice  can  not  be  obtained 
in  some  one  of  the  modes  above  provided,  then  said  notice  shall 
be  given  by  publication  in  some  newspaper  published  in  the  county 
where  the  land  is  situate,  and  if  no  newspaper  is  published  in  said 
county  then  the  said  notice  shall  be  published  in  some  newspaper 
nearest  said  county. 

"  SEC.  6.  That  if  it  shall  be  determined  upon  the  trial  of  any 
such  escheat  proceedings  that  the  lands  are  held  contrary  to  the 
provisions  of  this  Act,  the  court  trying  said  cause  shall  render  judg 
ment  condemning  such  lands  and  shall  order  the  same  to  be  sold 
as  under  execution ;  and  the  proceeds  of  such  sale,  after  deduct 
ing  costs  of  such  suit,  shall  be  paid  to  the  clerk  of  such  court  so 
rendering  judgment,  and  said  fund  shall  remain  in  the  hands  of 
such  clerk  for  one  year  from  the  date  of  such  payment,  subject  to 


422  INDEPENDENCE  OF  CUBA  [April  20 

the  order  of  the  alien  owner  of  such  lands,  or  his  heirs  or  legal 
representatives ;  and  if  not  claimed  within  the  period  of  one  year, 
such  clerk  shall  pay  the  same  into  the  treasury  of  the  Territory  in 
which  the  lands  may  be  situated,  for  the  benefit  of  the  available 
school  fund  of  said  Territory  :  Provided,  That  the  defendant  in  any 
such  escheat  proceedings  may,  at  any  time  before  final  judgment, 
suggest  and  show  to  the  court  that  he  has  conformed  with  the  law, 
either  \by\  becoming  a  bona  fide  resident  of  the  United  States, 
or  by  declaring  his  intention  of  becoming  a  citizen  of  the  United 
States,  or  by  the  doing  or  happening  of  any  other  act  which,  under 
the  provisions  of  this  Act,  would  entitle  him  to  hold  or  own  real 
estate,  which  being  admitted  or  proved,  such  suit  shall  be  dis 
missed  on  payment  of  costs  and  a  reasonable  attorney  fee  to  be 
fixed  by  the  court. 

"  SEC.  7.  That  this  Act  shall  not  in  any  manner  be  construed 
to  refer  to  the  District  of  Columbia,  nor  to  authorize  aliens  to 
acquire  title  from  the  United  States  to  any  of  the  public  lands 
of  the  United  States  or  to  in  any  manner  affect  or  change  the 
laws  regulating  the  disposal  of  the  public  lands  of  the  United 
States.  And  the  Act  of  which  this  Act  is  an  amendment  shall 
remain  in  force  and  unchanged  by  this  Act  so  far  as  it  refers  to 
or  affects  real  estate  in  the  District  of  Columbia. 

"  SEC.  8.  That  all  laws  and  parts  of  laws  so  far  as  they  conflict 
with  the  provisions  of  this  Act  are  hereby  repealed." 

APPROVED,  March  2,  1897. 


No.  128.      Recognition  of  the  Independence 
of  Cuba 

April  20,  1898 

IN  his  annual  message  of  December  6,  1897,  President  McKinley  reviewed 
the  course  of  the  insurrection  which  had  been  in  progress  in  Cuba  since 
February,  1895,  Du*  opposed  the  recognition  of  Cuban  belligerency.  A  reso 
lution  recognizing  the  independence  of  Cuba,  being  the  same  as  the  resolu- 


1898]  INDEPENDENCE  OF  CUBA  423 

tion  finally  adopted,  but  without  the  fourth  section,  was  reported  in  the 
Senate,  April  13,  1898,  by  Cushman  K.  Davis  of  Minnesota,  from  the  Com 
mittee  on  Foreign  Relations.  An  amendment  offered  on  the  i6th  by  David 
Turpie  of  Indiana,  recognizing  the  Republic  of  Cuba  "  as  the  true  and  law 
ful  government  of  that  island,"  was  agreed  to  by  a  vote  of  51  to  37,  and,  with 
the  further  addition  of  the  fourth  section,  offered  as  an  amendment  by  Davis, 
the  resolution  passed.  A  resolution  directing  the  President  to  intervene  to 
put  an  end  to  the  war  in  Cuba  "  to  the  end  and  with  the  purpose  of  securing 
permanent  peace  and  order  there  and  establishing  by  the  free  action  of  the 
people  thereof  a  stable  and  independent  government  of  their  own,''  was  re 
ported  in  the  House,  April  13,  by  Robert  Adams  of  Pennsylvania,  from  the 
Committee  on  Foreign  Affairs,  as  a  substitute  for  numerous  bills  and  resolu 
tions  previously  submitted.  A  substitute  recognizing  the  independence  of  the 
Republic  of  Cuba,  offered  by  Albert  S.  Berry  of  Kentucky  on  behalf  of  the 
minority  of  the  committee,  was  rejected  by  a  vote  of  150  to  190,  and  the  reso 
lution  was  agreed  to,  the  final  vote  being  324  to  19.  In  the  Senate,  April  16, 
the  House  resolution  was  substituted  for  the  resolution  already  before  the 
Senate,  and  then  amended  by  striking  out  the  words  of  the  House  resolution 
and  inserting  the  resolution  of  the  Senate.  On  the  i8th  the  House  concurred 
with  an  amendment,  offered  by  Nelson  Dingley  of  Maine,  striking  out  the 
clause  recognizing  the  Republic  of  Cuba,  the  vote  being  178  to  156.  The 
Senate  refusing  to  concur  in  the  House  amendment,  the  resolution  went  to  a 
conference  committee,  which  reported  inability  to  agree,  and  a  second  com 
mittee  settled  the  final  form  of  the  resolution.  The  report  of  the  second 
committee  was  agreed  to  in  the  House  by  a  vote  of  311  to  6,  and  in  the 
Senate  by  a  vote  of  42  to  35. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXX,  738,  739.  For  the 
proceedings  see  the  House  and  Senate  Journals,  55th  Cong.,  2d  Sess.,  and  the 
Cong.  Record.  See  also  Senate  Report  883 ;  Senate  Doc.  166  and  Senate  Re 
port  si6o,  54th  Cong.,  2d  Sess.;  and  the  various  messages  of  the  President. 
A  large  amount  of  documentary  matter  was  printed  in  the  Record  in  the 
course  of  the  debate. 

Joint  Resolution  for  the  recognition  of  the  independence  of  the  .people  of 
Cuba,  demanding  that  the  Government  of  Spain  relinquish  its  authority 
and  government  in  the  Island  of  Cuba,  and  to  withdraw  its  land  and  naval 
forces  from  Cuba  and  Cuban  waters,  and  directing  the  President  of  the 
United  States  to  use  the  land  and  naval  forces  of  the  United  States  to 
carry  these  resolutions  into  effect. 

Whereas  the  abhorrent  conditions  which  have  existed  for  more 
than  three  years  in  the  Island  of  Cuba,  so  near  our  own  borders, 
have  shocked  the  moral  sense  of  the  people  of  the  United  States, 


424  DECLARATION   OF  WAR  [April  25 

have  been  a  disgrace  to  Christian  civilization,  culminating,  as  they 
have,  in  the  destruction  of  a  United  States  battle  ship,  with  two 
hundred  and  sixty-six  of  its  officers  and  crew,  while  on  a  friendly 
visit  in  the  harbor  of  Havana,  and  can  not  longer  be  endured,  as 
has  been  set  forth  by  the  President  of  the  United  States  in  his 
message  to  Congress  of  April  eleventh,  eighteen  hundred  and 
ninety-eight,  upon  which  the  action  of  Congress  was  invited : 
Therefore, 

Resolved  .  .  .,  First.  That  the  people  of  the  Island  of  Cuba 
are,  and  of  right  ought  to  be,  free  and  independent. 

Second.  That  it  is  the  duty  of  the  United  States  to  demand, 
and  the  Government  of  the  United  States  does  hereby  demand, 
that  the  Government  of  Spain  at  once  relinquish  its  authority  and 
government  in  the  Island  of  Cuba  and  withdraw  its  land  and  naval 
forces  from  Cuba  and  Cuban  waters. 

Third.  That  the  President  of  the  United  States  be,  and  he 
hereby  is,  directed  and  empowered  to  use  the  entire  land  and 
naval  forces  of  the  United  States,  and  to  call  into  the  actual  ser 
vice  of  the  United  States  the  militia  of  the  several  States,  to  such 
extent  as  may  be  necessary  to  carry  these  resolutions  into  effect. 

Fourth.  That  the  United  States  hereby  disclaims  any  disposi 
tion  or  intention  to  exercise  sovereignty,  jurisdiction,  or  control 
over  said  Island  except  for  the  pacification  thereof,  and  asserts  its 
determination,  when  that  is  accomplished,  to  leave  the  govern 
ment  and  control  of  the  Island  to  its  people. 

APPROVED,  April  20,  1898. 


No.    129.     Declaration  of  War 

April  25,  1898 

THE  destruction  of  the  battleship  Maine  in  the  harbor  of  Havana,  on  the 
night  of  February  15,  1898,  was  followed,  March  9,  by  the  appropriation 
of  $50,000,000  for  the  national  defence.  An  account  of  the  Maine  affair, 
together  with  the  findings  of  the  court  of  inquiry,  was  laid  before  Congress 


1898]  DECLARATION  OF  WAR  425 

by  President  McKinley  in  his  message  of  March  28.  April  1 1  the  President 
asked  for  authority  to  intervene  and  end  the  war  in  Cuba.  On  the  22d  a 
blockade  of  the  north  coast  of  Cuba,  and  of  Cienfuegos  on  the  south  coast, 
was  proclaimed,  and  on  the  next  day  125,000  volunteers  were  called  for  under 
authority  of  the  joint  resolution  of  April  20  [No.  128].  On  the  25th  the 
President  announced  the  withdrawal  of  the  Spanish  minister,  and  recom 
mended  a  declaration  of  war.  A  joint  resolution  was  at  once  introduced 
in  the  House  by  Adams  of  Pennsylvania,  from  the  Committee  on  Foreign 
Affairs,  and  passed  both  houses  the  same  day  without  divisions.  A  proclama 
tion  regarding  neutrals  was  issued  April  26.  May  25  a  call  for  75,000  addi 
tional  volunteers  was  issued.  By  a  proclamation  of  June  27,  the  blockade  was 
extended  to  the  whole  of  the  south  coast  of  Cuba,  and  to  San  Juan,  Porto 
Rico.  Acts  of  July  8,  1898,  and  March  3,  1899,  provided  for  the  reimburse 
ment  to  States  of  the  expenses  incurred  by  them  on  account  of  the  war. 

REFERENCES.  —  Text  in  U.S.  Statutes  at  Large,  XXX,  364.  For  the  pro 
ceedings  see  the  House  and  Senate  Journals,  55th  Cong.,  2d  Sess.,  and  the 
Cong.  Record.  There  was  no  debate  in  the  House,  and  the  discussion  in  the 
Senate  was  with  closed  doors.  For  the  correspondence  with  Spain  see  the 
Foreign  Relations,  1897  anc^  1898.  The  report  of  the  Maine  court  of  inquiry 
is  Senate  Doc.  207,  55th  Cong.,  2d  Sess.;  the  report  on  the  investigation  of 
the  War  Department,  Senate  Doc.  221,  56th  Cong.,  ist  Sess.;  the  "  beef"  in 
quiry,  Senate  Doc.  270,  ibid.  See  also  Notes  on  the  Spanish- American  War, 
Senate  Doc.  288,  ibid. 

An  Act  declaring  that  war  exists  between  the  United  States  of  America  and 
the  Kingdom  of  Spain. 

Be  it  enacted  .  .  .,  First.  That  war  be,  and  the  same  is  hereby, 
declared  to  exist,  and  that  war  has  existed  since  the  twenty-first 
day  of  April,  anno  Domini  eighteen  hundred  and  ninety-eight, 
including  said  day,  between  the  United  States  of  America  and  the 
Kingdom  of  Spain. 

Second.  That  the  President  of  the  United  States  be,  and  he 
hereby  is,  directed  and  empowered  to  use  the  entire  land  and 
naval  forces  of  the  United  States,  and  to  call  into  the  actual  ser 
vice  of  the  United  States  the  militia  of  the  several  States,  to  such 
extent  as  may  be  necessary  to  carry  this  Act  into  effect. 

APPROVED,  April  25,  1898. 


426  ANNEXATION  OF  THE  HAWAIIAN  ISLANDS        [July  7 

No.  130.     Annexation  of  the  Hawaiian  Islands 

July  7,  1898 

IN  January,  1893,  Queen  Liliuokalani  of  the  Hawaiian  Islands  was  forced 
to  abdicate,  and  a  provisional  government  was  proclaimed,  followed  in  July, 
1894,  by  the  establishment  of  a  republic.  The  constitution  of  the  republic 
expressly  authorized  a  treaty  of  "  political  or  commercial  union  "  with  the 
United  States.  A  treaty  of  annexation,  concluded  in  1893,  was  withdrawn  by 
President  Cleveland.  A  second  treaty  was  signed  June  16,  1897,  and  ratified 
by  the  Senate  of  Hawaii.  On  the  outbreak  of  the  war  with  Spain  the  United 
States  assumed  to  use  the  islands  as  a  naval  base.  May  4,  1898,  while  the 
treaty  of  annexation  was  pending,  Francis  G.  Newlands  of  Nevada  introduced 
a  joint  resolution  for  annexation,  the  resolution  being  one  of  several  similar 
propositions  which  had  been  submitted  to  Congress.  The  terms  proposed  by 
the  resolution  were  substantially  the  same  as  those  embodied  in  the  pending 
treaty.  The  resolution  was  reported  without  amendment  May  1 7,  but  was 
not  taken  up  until  June  II.  On  the  I5th  a  substitute  declaring  against  the 
acquisition  of  the  islands  by  any  foreign  power,  and  guaranteeing  their  inde 
pendence,  was  rejected  by  a  vote  of  96  to  204,  and  the  resolution  passed,  the 
final  vote  being  209  to  91.  The  resolution  was  reported  in  the  Senate  June 
17  without  amendment,  taken  up  on  the  2Oth,  and  debated  until  July  6, 
when,  by  a  vote  of  42  to  21,  it  was  agreed  to.  The  formal  transfer  of  the 
islands  took  place  August  12.  An  act  of  April  30,  1900,  provided  a  territo 
rial  form  of  government. 

REFERENCES. —  Text  in  U.S.  Statutes  at  Large,  XXX,  750,  751.  For  the 
proceedings  see  the  House  and  Senate  Journals,  55th  Cong.,  2d  Sess.,  and  the 
Cong.  Record.  See  also  Senate  Report  68 1  and  House  Report  1355.  The  re 
port  of  the  Hawaiian  commission  is  Senate  Doc.  16,  55th  Cong.,  3d  Sess.  On 
the  earlier  relations  with  Hawaii  see  Senate  Report  22J  and  House  Exec.  Doc. 
47 >  53d  Cong.,  2d  Sess. 

Joint  Resolution  To  provide  for  annexing  the  Hawaiian  Islands  to  the  United 

States. 

WHEREAS  the  Government  of  the  Republic  of  Hawaii  having,  in 
due  form,  signified  its  consent,  in  the  manner  provided  by  its 
constitution,  to  cede  absolutely  and  without  reserve  to  the  United 
States  of  America  all  rights  of  sovereignty  of  whatsoever  kind  in 
and  over  the  Hawaiian  Islands  and  their  dependencies,  and  also 


1898]          ANNEXATION  OF  THE  HAWAIIAN  ISLANDS  427 

to  cede  and  transfer  to  the  United  States  the  absolute  fee  and  own 
ership  of  all  public,  Government,  or  Crown  lands,  public  buildings 
or  edifices,  ports,  harbors,  military  equipment,  and  all  other  public 
property  of  every  kind  and  description  belonging  to  the  Gov 
ernment  of  the  Hawaiian  Islands,  together  with  every  right  and 
appurtenance  thereunto  appertaining  :  Therefore, 

Resolved  .  .  .,  That  said  cession  is  accepted,  ratified,  and  con 
firmed,  and  that  the  said  Hawaiian  Islands  and  their  dependencies 
be,  and  they  are  hereby,  annexed  as  a  part  of  the  territory  of  the 
United  States  and  are  subject  to  the  sovereign  dominion  thereof, 
and  that  all  and  singular  the  property  and  rights  hereinbefore 
mentioned  are  vested  in  the  United  States  of  America. 

The  existing  laws  of  the  United  States  relative  to  public  lands 
shall  not  apply  to  such  lands  in  the  Hawaiian  Islands ;  but  the 
Congress  of  the  United  States  shall  enact  special  laws  for  their 
management  and  disposition  :  Provided,  That  all  revenue  from  or 
proceeds  of  the  same,  except  as  regards  such  part  thereof  as  may 
be  used  or  occupied  for  the  civil,  military,  or  naval  purposes  of 
the  United  States,  or  may  be  assigned  for  the  use  of  the  local  gov 
ernment,  shall  be  used  solely  for  the  benefit  of  the  inhabitants  of 
the  Hawaiian  Islands  for  educational  and  other  public  purposes. 

Until  Congress  shall  provide  for  the  government  of  such  islands 
all  the  civil,  judicial,  and  military  powers  exercised  by  the  officers 
of  the  existing  government  in  said  islands  shall  be  vested  in  such 
person  or  persons  and  shall  be  exercised  in  such  manner  as  the 
President  of  the  United  States  shall  direct ;  and  the  President 
shall  have  power  to  remove  said  officers  and  fill  the  vacancies  so 
occasioned. 

The  existing  treaties  of  the  Hawaiian  Islands  with  foreign  na 
tions  shall  forthwith  cease  and  determine,  being  replaced  by  such 
treaties  as  may  exist,  or  as  may  be  hereafter  concluded,  between 
the  United  States  and  such  foreign  nations.  The  municipal  leg 
islation  of  the  Hawaiian  Islands,  not  enacted  for  the  fulfillment 
of  the  treaties  so  extinguished,  and  not  inconsistent  with  this 
joint  resolution  nor  contrary  to  the  Constitution  of  the  United 
States  nor  to  any  existing  treaty  of  the  United  States,  shall 


428  ANNEXATION  OF  THE   HAWAIIAN  ISLANDS        [July  7 

remain  in  force  until  the  Congress  of  the  United  States  shall 
otherwise  determine. 

Until  legislation  shall  be  enacted  extending  the  United  States 
customs  laws  and  regulations  to  the  Hawaiian  Islands  the  existing 
customs  relations  of  the  Hawaiian  Islands  with  the  United  States 
and  other  countries  shall  remain  unchanged. 

The  public  debt  of  the  Republic  of  Hawaii,  lawfully  existing 
at  the  date  of  the  passage  of  this  joint  resolution,  including  the 
amounts  due  to  depositors  in  the  Hawaiian  Postal  Savings  Bank,  is 
hereby  assumed  by  the  Government  of  the  United  States ;  but  the 
liability  of  the  United  States  in  this  regard  shall  in  no  case  exceed 
four  million  dollars.  So  long,  however,  as  the  existing  Govern 
ment  and  the  present  commercial  relations  of  the  Hawaiian 
Islands  are  continued  as  hereinbefore  provided  said  Government 
shall  continue  to  pay  the  interest  on  said  debt. 

There  shall  be  no  further  immigration  of  Chinese  into  the  Ha 
waiian  Islands,  except  upon  such  conditions  as  are  now  or  may 
hereafter  be  allowed  by  the  laws  of  the  United  States  ;  and  no 
Chinese,  by  reason  of  anything  herein  contained,  shall  be  allowed 
to  enter  the  United  States  from  the  Hawaiian  Islands. 

The  President  shall  appoint  five  commissioners,  at  least  two  of 
whom  shall  be  residents  of  the  Hawaiian  Islands,  who  shall,  as 
soon  as  reasonably  practicable,  recommend  to  Congress  such 
legislation  concerning  the  Hawaiian  Islands  as  they  shall  deem 
necessary  or  proper. 

SEC.  2.  That  the  commissioners  hereinbefore  provided  for  shall 
be  appointed  by  the  President,  by  and  with  the  advice  and  con 
sent  of  the  Senate. 

SEC.  3.  That  the  sum  of  one  hundred  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  and  to  be 
immediately  available,  to  be  expended  at  the  discretion  of  the 
President  of  the  United  States  of  America,  for  the  purpose  of 
carrying  this  joint  resolution  into  effect. 

APPROVED,  July  7,  1898. 


1898]  TREATY  OF  PARIS  429 

No.    131.     Treaty  of  Paris 

December  10,  1898 

OVERTURES  for  peace  between  the  United  States  and  Spain  were  begun  July 
26, 1898,  through  Jules  Cambon,  the  French  ambassador,  resulting,  August  12, 
in  the  signing  of  a  protocol  and  the  suspension  of  hostilities.  Commissioners 
on  the  part  of  the  United  States  were  named  August  26,  Senator  George 
Gray  of  Delaware  being  appointed,  September  9,  in  place  of  Justice  Edward 
D.  White,  who  declined  to  serve.  The  commissioners  of  the  two  countries  met 
at  Paris  October  I,  and  December  10  concluded  a  treaty  of  peace.  The 
Senate  ratified  the  treaty  February  6,  1899,  and  April  II  the  treaty  was  pro 
claimed.  The  appropriation  of  $20,000,000  called  for  by  Article  III  was 
made  March  2. 

REFERENCES. —  Textin  U.S.  Statutes  at  Large,  XXX,  1754-1762.  For  the 
protocols  and  other  documents  see  Senate  Doc.  62,  55th  Cong.,  3d  Sess. 

THE  UNITED  STATES  OF  AMERICA  AND  HER  MAJESTY  THE  QUEEN 
REGENT  OF  SPAIN,  IN  THE  NAME  OF  HER  AUGUST  SON  DON  ALFONSO 
XIII,  desiring  to  end  the  state  of  war  now  existing  between  the 
two  countries,  have  for  that  purpose  appointed  as  Plenipotentiaries  : 

THE  PRESIDENT  OF  THE  UNITED  STATES, 

WILLIAM  R.  DAY,  CUSHMAN  K.  DAVIS,  WILLIAM  P.  FRYE,  GEORGE 
GRAY,  and  WHITELAW  REID,  citizens  of  the  United  States ; 

AND  HER  MAJESTY  THE  QUEEN  REGENT  OF  SPAIN, 

DON  EUGENIO  MONTERO  Rfos,  President  of  the  Senate, 

DON  BUENAVENTURA  DE  ABARZUZA,  Senator  of  the  Kingdom,  and 
ex-Minister  of  the  Crown, 

DON  JOSE  DE  GARNICA,  Deputy  to  the  Cortes  and  Associate 
Justice  of  the  Supreme  Court; 

DON  WENCESLAO  RAMIREZ  DE  VILLA-URRUTIA,  Envoy  Extraordi 
nary  and  Minister  Plenipotentiary  at  Brussels,  and 

DON  RAFAEL  CERERO,  General  of  Division ; 

Who,  having  assembled  in  Paris,  and  having  exchanged  their 
full  powers,  which  were  found  to  be  in  due  and  proper  form, 
have,  after  discussion  of  the  matters  before  them,  agreed  upon 
the  following  articles : 


43O  TREATY  OF  PARIS  [Dec.  10 

ARTICLE  I. 

Spain  relinquishes  all  claim  of  sovereignty  over  and  title  to 
Cuba. 

And  as  the  island  is,  upon  its  evacuation  by  Spain,  to  be 
occupied  by  the  United  States,  the  United  States  will,  so  long  as 
such  occupation  shall  last,  assume  and  discharge  the  obligations 
that  may  under  international  law  result  from  the  fact  of  its 
occupation,  for  the  protection  of  life  and  property. 

ARTICLE  II. 

Spain  cedes  to  the  United  States  the  island  of  Porto  Rico  and 
other  islands  now  under  Spanish  sovereignty  in  the  West  Indies, 
and  the  island  of  Guam  in  the  Marianas  or  Ladrones. 

ARTICLE  III. 

Spain  cedes  to  the  United  States  the  archipelago  known  as  the 
Philippine  Islands,  and  comprehending  the  islands  lying  within 
the  following  line : 

A  line  running  from  west  to  east  along  or  near  the  twentieth 
parallel  of  north  latitude,  and  through  the  middle  of  the  navigable 
channel  of  Bachi,  from  the  one  hundred  and  eighteenth  (n8th) 
to  the  one  hundred  and  twenty  seventh  (i27th)  degree  meridian 
of  longitude  east  of  Greenwich,  thence  along  the  one  hundred 
and  twenty  seventh  (i27th)  degree  meridian  of  longitude  east  of 
Greenwich  to  the  parallel  of  four  degrees  and  forty  five  minutes 
(4°  45')  north  latitude,  thence  along  the  parallel  of  four  degrees 
and  forty  five  minutes  (4°  45 ')  north  latitude  to  its  intersection 
with  the  meridian  of  longitude  one  hundred  and  nineteen  degrees 
and  thirty  five  minutes  (119°  35')  east  of  Greenwich,  thence 
along  the  meridian  of  longitude  one  hundred  and  nineteen  de 
grees  and  thirty  five  minutes  (119°  35')  east  of  Greenwich  to 
the  parallel  of  latitude  seven  degrees  and  forty  minutes  (7°  40') 
north,  thence  along  the  parallel  of  latitude  seven  degrees  and 
forty  minutes  (7°  40')  north  to  its  intersection  with  the  one 
hundred  and  sixteenth  (n6th)  degree  meridian  of  longitude 


1898]  TREATY  OF  PARIS  431 

east  of  Greenwich,  thence  by  a  direct  line  to  the  intersection 
of  the  tenth  (loth)  degree  parallel  of  north  latitude  with  the 
one  hundred  and  eighteenth  (n8th)  degree  meridian  of  longi 
tude  east  of  Greenwich,  and  thence  along  the  one  hundred  and 
eighteenth  (n8th)  degree  meridian  of  longitude  east  of  Green 
wich  to  the  point  of  beginning. 

The  United  States  will  pay  to  Spain  the  sum  of  twenty  million 
dollars  ($20,000,000)  within  three  months  after  the  exchange  of 
the  ratifications  of  the  present  treaty. 

ARTICLE  IV. 

The  United  States  will,  for  the  term  of  ten  years  from  the  date 
of  the  exchange  of  the  ratifications  of  the  present  treaty,  admit 
Spanish  ships  and  merchandise  to  the  ports  of  the  Philippine 
Islands  on  the  same  terms  as  ships  and  merchandise  of  the 
United  States. 

ARTICLE  V. 

The  United  States  will,  upon  the  signature  of  the  present* 
treaty,  send  back  to  Spain,  at  its  own  cost,  the  Spanish  soldiers 
taken  as  prisoners  of  war  on  the  capture  of  Manila  by  the 
American  forces.  The  arms  of  the  soldiers  in  question  shall  be 
restored  to  them. 

Spain  will,  upon  the  exchange  of  the  ratifications  of  the  present 
treaty,  proceed  to  evacuate  the  Philippines,  as  well  as  the  island 
of  Guam,  on  terms  similar  to  those  agreed  upon  by  the  Com 
missioners  appointed  to  arrange  for  the  evacuation  of  Porto 
Rico  and  other  islands  in  the  West  Indies,  under  the  Protocol 
of  August  12,  1898,  which  is  to  continue  in  force  till  its  provi 
sions  are  completely  executed. 

The  time  within  which  the  evacuation  of  the  Philippine  Islands 
and  Guam  shall  be  completed  shall  be  fixed  by  the  two  Govern 
ments.  Stands  of  colors,  uncaptured  war  vessels,  small  arms, 
guns  of  all  calibres,  with  their  carriages  and  accessories,  powder, 
ammunition,  live  stock,  and  materials  and  supplies  of  all  kinds, 


432  TREATY  OF  PARIS  [Dec.  10 

belonging  to  the  land  and  naval  forces  of  Spain  in  the  Philippines 
and  Guam,  remain  the  property  of  Spain.  Pieces  of  heavy 
ordnance,  exclusive  of  field  artillery,  in  the  fortifications  and 
coast  defences,  shall  remain  in  their  emplacements  for  the  term 
of  six  months,  to  be  reckoned  from  the  exchange  of  ratifications 
of  the  treaty;  and  the  United  States  may,  in  the  meantime, 
purchase  such  material  from  Spain,  if  a  satisfactory  agreement 
between  the  two  Governments  on  the  subject  shall  be  reached. 


ARTICLE  VI. 

Spain  will,  upon  the  signature  of  the  present  treaty,  release  all 
prisoners  of  war,  and  all  persons  detained  or  imprisoned  for  politi 
cal  offences,  in  connection  with  the  insurrections  in  Cuba  and  the 
Philippines  and  the  war  with  the  United  States. 

Reciprocally,  the  United  States  will  release  all  persons  made 
prisoners  of  war  by  the  American  forces,  and  will  undertake  to 
obtain  the  release  of  all  Spanish  prisoners  in  the  hands  of  the 
insurgents  in  Cuba  and  the  Philippines. 

The  Government  of  the  United  States  will  at  its  own  cost  return 
to  Spain  and  the  Government  of  Spain  will  at  its  own  cost  return  to 
the  United  States,  Cuba,  Porto  Rico,  and  the  Philippines,  accord 
ing  to  the  situation  of  their  respective  homes,  prisoners  released  or 
caused  to  be  released  by  them,  respectively,  under  this  article. 

ARTICLE  VII. 

The  United  States  and  Spain  mutually  relinquish  all  claims 
for  indemnity,  national  and  individual,  of  every  kind,  of  either 
Government,  or  of  its  citizens  or  subjects,  against  the  other  Gov 
ernment,  that  may  have  arisen  since  the  beginning  of  the  late 
insurrection  in  Cuba  and  prior  to  the  exchange  of  ratifications 
of  the  present  treaty,  including  all  claims  for  indemnity  for  the 
cost  of  the  war. 

The  United  States  will  adjudicate  and  settle  the  claims  of  its 
citizens  against  Spain  relinquished  in  this  article. 


1898]  TREATY  OF  PARIS  433 

ARTICLE  VIII. 

In  conformity  with  the  provisions  of  Articles  I,  II,  and  III  of  this 
treaty,  Spain  relinquishes  in  Cuba,  and  cedes  in  Porto  Rico  and 
other  islands  in  the  West  Indies,  in  the  island  of  Guam,  and  in  the 
Philippine  Archipelago,  all  the  buildings,  wharves,  barracks,  forts, 
structures,  public  highways  and  other  immovable  property  which, 
in  conformity  with  law,  belong  to  the  public  domain,  and  as  such 
belong  to  the  Crown  of  Spain. 

And  it  is  hereby  declared  that  the  relinquishment  or  cession, 
as  the  case  may  be,  to  which  the  preceding  paragraph  refers, 
cannot  in  any  respect  impair  the  property  or  rights  which  by  law 
belong  to  the  peaceful  possession  of  property  of  all  kinds,  of  prov 
inces,  municipalities,  public  or  private  establishments,  ecclesias 
tical  or  civic  bodies,  or  any  other  associations  having  legal  capacity 
to  acquire  and  possess  property  in  the  aforesaid  territories  re 
nounced  or  ceded,  or  of  private  individuals,  of  whatsoever  nation 
ality  such  individuals  may  be. 

The  aforesaid  relinquishment  or  session,  as  the  case  may  be, 
includes  all  documents  exclusively  referring  to  the  sovereignty 
relinquished  or  ceded  that  may  exist  in  the  archives  of  the  Penin 
sula.  Where  any  document  in  such  archives  only  in  part  relates 
to  said  sovereignty,  a  copy  of  such  part  will  be  furnished  whenever 
it  shall  be  requested.  Like  rules  shall  be  reciprocally  observed 
in  favor  of  Spain  in  respect  of  documents  in  the  archives  of  the 
islands  above  referred  to. 

In  the  aforesaid  relinquishment  or  cession,  as  the  case  may  be, 
are  also  included  such  rights  as  the  Crown  of  Spain  and  its  authori 
ties  possess  in  respect  of  the  official  archives  and  records,  execu 
tive  as  well  as  judicial,  in  the  islands  above  referred  to,  which 
relate  to  said  islands  or  the  rights  and  property  of  their  inhabi 
tants.  Such  archives  and  records  shall  be  carefully  preserved, 
and  private  persons  shall  without  distinction  have  the  right  to 
require,  in  accordance  with  law,  authenticated  copies  of  the  con 
tracts,  wills  and  other  instruments  forming  part  of  notarial  proto 
cols  or  files,  or  which  may  be  contained  in  the  executive  or  judi 
cial  archives,  be  the  latter  in  Spain  or  in  the  islands  aforesaid. 

2F 


434  TREATY  OF  PARIS  [Dec.  10 

ARTICLE  IX. 

Spanish  subjects,  natives  of  the  Peninsula,  residing  in  the  terri 
tory  over  which  Spain  by  the  present  treaty  relinquishes  or  cedes 
her  sovereignty,  may  remain  in  such  territory  or  may  remove  there 
from,  retaining  in  either  event  all  their  rights  of  property,  includ 
ing  the  right  to  sell  or  dispose  of  such  property  or  of  its  proceeds ; 
and  they  shall  also  have  the  right  to  carry  on  their  industry,  com 
merce  and  professions,  being  subject  in  respect  thereof  to  such 
laws  as  are  applicable  to  other  foreigners.  In  case  they  remain 
in  the  territory  they  may  preserve  their  allegiance  to  the  Crown 
of  Spain  by  making,  before  a  court  of  record,  within  a  year  from 
the  date  of  the  exchange  of  ratifications  of  this  treaty,  a  declaration 
of  their  decision  to  preserve  such  allegiance ;  in  default  of  which 
declaration  they  shall  be  held  to  have  renounced  it  and  to  have 
adopted  the  nationality  of  the  territory  in  which  they  may  reside. 

The  civil  rights  and  political  status  of  the  native  inhabitants  of 
the  territories  hereby  ceded  to  the  United  States  shall  be  deter 
mined  by  the  Congress. 

ARTICLE  X. 

The  inhabitants  of  the  territories  over  which  Spain  relinquishes 
or  cedes  her  sovereignty  shall  be  secured  in  the  free  exercise  of 
their  religion. 

ARTICLE  XI. 

The  Spaniards  residing  in  the  territories  over  which  Spain  by 
this  treaty  cedes  or  relinquishes  her  sovereignty  shall  be  subject 
in  matters  civil  as  well  as  criminal  to  the  jurisdiction  of  the  courts 
of  the  country  wherein  they  reside,  pursuant  to  the  ordinary  laws 
governing  the  same ;  and  they  shall  have  the  right  to  appear 
before  such  courts,  and  to  pursue  the  same  course  as  citizens  of 
the  country  to  which  the  courts  belong. 

ARTICLE   XII. 

Judicial  proceedings  pending  at  the  time  of  the  exchange  of 
ratifications  of  this  treaty  in  the  territories  over  which  Spain  relin- 


1898]  TREATY  OF  PARIS  43  j 

quishes  or  cedes  her  sovereignty  shall  be  determined  according  to 
the  following  rules  : 

1.  Judgments  rendered   either  in  civil  suits  between   private 
individuals,  or  in  criminal  matters,  before  the  date   mentioned, 
and  with  respect  to  which  there  is  no  recourse  or  right  of  review 
under  the  Spanish  law,  shall  be  deemed  to  be  final,  and  shall  be 
executed  in  due  form  by  competent  authority   in   the   territory 
within  which  such  judgments  should  be  carried  out. 

2.  Civil  suits  between  private  individuals  which  may  on  the 
date  mentioned  be  undetermined  shall  be  prosecuted  to  judgment 
before  the  court  in  which  they  may  then  be  pending  or  in  the 
court  that  may  be  substituted  therefor. 

3.  Criminal  actions  pending  on  the  date  mentioned  before  the 
Supreme  Court  of  Spain  against  citizens  of  the  territory  which  by 
this  treaty  ceases  to  be  Spanish  shall  continue  under  its  jurisdiction 
until  final  judgment ;  but,  such  judgment  having  been  rendered, 
the   execution  thereof  shall    be   committed    to   the   competent 
authority  of  the  place  in  which  the  case  arose. 

ARTICLE  XIII. 

The  rights  of  property  secured  by  copyrights  and  patents 
acquired  by  Spaniards  in  the  Island  of  Cuba,  and  in  Porto  Rico, 
the  Philippines  and  other  ceded  territories,  at  the  time  of  the 
exchange  of  the  ratifications  of  this  treaty,  shall  continue  to  be 
respected.  Spanish  scientific,  literary  and  artistic  works,  not  sub 
versive  of  public  order  in  the  territories  in  question,  shall  con 
tinue  to  be  admitted  free  of  duty  into  such  territories,  for  the 
period  of  ten  years,  to  be  reckoned  from  the  date  of  the  exchange 
of  the  ratifications  of  this  treaty. 

ARTICLE  XIV. 

Spain  shall  have  the  power  to  establish  consular  officers  in  the 
ports  and  places  of  the  territories,  the  sovereignty  over  which  has 
been  either  relinquished  or  ceded  by  the  present  treaty. 


436  TREATY  OF  PARIS  [Dec.  10,  1898] 

ARTICLE  XV. 

The  Government  of  each  country  will,  for  the  term  of  ten  years, 
accord  to  the  merchant  vessels  of  the  other  country  the  same 
treatment  in  respect  of  all  port  charges,  including  entrance  and 
clearance  dues,  light  dues,  and  tonnage  duties,  as  it  accords  to 
its  own  merchant  vessels,  not  engaged  in  the  coastwise  trade. 

This  article  may  at  any  time  be  terminated  on  six  months' 
notice  given  by  either  Government  to  the  other. 

ARTICLE  XVI. 

It  is  understood  that  any  obligations  assumed  in  this  treaty  by 
the  United  States  with  respect  to  Cuba  are  limited  to  the  time  of 
its  occupancy  thereof;  but  it  will  upon  the  termination  of  such 
occupancy,  advise  any  Government  established  in  the  island  to 
assume  the  same  obligations. 

ARTICLE  XVII. 

The  present  treaty  shall  be  ratified  by  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate 
thereof,  and  by  Her  Majesty  the  Queen  Regent  of  Spain ;  and  the 
ratifications  shall  be  exchanged  at  Washington  within  six  months 
from  the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries,  have 
signed  this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate l  at  Paris,  the  tenth  day  of  December,  in  the 
year  of  Our  Lord  one  thousand  eight  hundred  and  ninety-eight. 

[SEAL.]  WILLIAM.  R.  DAY. 

[SEAL.]  CUSHMAN  K.  DAVIS. 

[SEAL.]  WM.  P.  FRYE. 

[SEAL.]  GEO.  GRAY. 

[SEAL.]  WHILELAW  REID. 

l  In  Spanish  and  English,  the  representatives  of  Spain  signing  the  Spanish  text 


Index 


[TITLES  IN  ITALICS  INDICATE  A  TEXT  WITH  ACCOMPANYING  NOTES 
AND  REFERENCES.] 


Abandoned  property,  act  for  collection  of, 
79-81. 

Abolition  of  peonage,  168-169 ;  of  slavery 
in  the  District  of  Columbia,  35-39 ;  of 
slavery  in  the  Territories,  42,  43. 

Adams,  Robert,  423,  425. 

Admission  of  West  Virginia,  act  for,  56- 
58. 

Alabama,  act  admitting,  to  representation 
in  Congress,  201-203. 

Alabama  claims,  268  ff. 

Alaska,  treaty  with  Russia  for  cession  of, 
174-179. 

Allison,  William  B.,  314. 

Allotment  of  lands  in  severalty  to  Indi 
ans,  372-377. 

Alvey,  R.  H.,  414. 

Amendment  to  the  Constitution,  thir 
teenth,  138-139;  fourteenth,  208-210; 
fifteenth,  226 ;  act  to  enforce  fifteenth, 
249-262 ;  act  to  enforce  fourteenth,  262- 
268. 

American  citizens  in  foreign  states,  rights 
of,  206-208. 

Amnesty,  proclamation  of,  1863,  85-88 ; 
1865,  133-135;  full,  1868,  211-213. 

Annexation  of  Hawaiian  Islands,  joint 
resolution  for,  426-428. 

Antietam,  59. 

Anti-Lottery  act,  1890,  402-405. 

Anti-Polygamy  act  of  1862,  43-45 ;  of 
1882,  319-322;  0/1887,  380-389. 

Anti-Trust  act,  395-397. 

Appointments  and  removals.  See  Civil 
Service  Act,  Tenure  of  Office  Act. 

Arbitration,  Geneva,  268  ff. ;  Venezuela, 
414. 


Arkansas,  act  admitting,  to  representa 
tion  in  Congress,  199-201. 

Army,  command  of,  166-168;  use  of,  at 
the  polls,  317. 

Arnold,  Isaac  N.,  42. 

Arthur,  Chester  A.,  319,  332,  342,  389. 

Article  of  war,  act  for  an  additional,  31, 

32- 

Articles  of  impeachment,  184-198. 
Ashley,  James  M.,  155,  184,  198. 

Babcock,  Orville  E.,  247. 

Baltimore  and  Ohio  Railroad  Co.,  23. 

Bank  act,  national,  93-113. 

Bank  note  act,  235-238. 

Bank  notes,  State,  taxation  of,  68,  note  i. 

Banks.    See  National  Loan. 

Banks,  Nathaniel  P.,  203,  207. 

Bayard,  James  A.,  17. 

Bayard,  Thomas  F.,  318. 

Berry,  Albert  S.,  423. 

Berry,  Campbell  P.,  323. 

Bingham,  John  A.,  15,  151,  165,  224,  227, 

249. 

Elaine,  James  G.,  156,  317. 
Bland,  Richard  P.,  313,  314,  411,  412. 
Bland-Allison  act,  313-316,  412. 
Blockade  of  southern  ports,  proclamation 

declaring,  3,  4;  of  Cuba,  425. 
Bonds,  purchase  of,  318  ;    national  bank 

circulation  and  gold  certificates,  328- 

331.    See  Finance;  National  Loan. 
Boutwell,  George  S.,  185. 
Brewer,  David  J.,  414. 
Brown,  B.  Gratz,  122. 
Buchanan,  James,  16. 
Burlingame  treaty,  323. 


437 


438 


INDEX 


Butler,  Benjamin  F.,  217,  246,  290,  303. 
Butler,  R.  R.,  204. 

Caldwell,  John  A.,  402. 

Call  for  75,000  volunteers,  i,  2. 

Cambon,  Jules,  429. 

Cameron,  Simon,  22. 

Catron,  Thomas  B.,  419. 

Chandler,  Zachariah,  79,  114. 

Chase,  Salmon  P.,  4,  9,  27,  53,  185.          , 

Chinese  immigration,  act  restricting,  323- 
328;  exclusion  act,  389-394.  See 
Coolie  Trade. 

Churchill,  John  C.,  249. 

Citizens,  rights  of  American,  in  foreign 
states,  206-208. 

Civil  rights  act,  first,  141-146;  second, 
303-306;  enforcement  of  fourteenth 
amendment,  262-268.  See  Elections; 
Force  Bill. 

Civil  service  act,  332-339. 

Civil  War.    See  War;  Insurrection. 

Clark,  Daniel,  152. 

Clarke,  Sidney,  185. 

Cleveland,  Grover,  318,  380,  426;  Vene 
zuelan  message,  413-418. 

Coin,  act  authorizing  further  purchase  of, 
32,  33 ;  issue  of  silver,  306,  307. 

Coinage  act,  294-296;  standard  silver 
dollars,  313-316. 

Collection  of  duties,  act  for,  4-9 ;  of  di 
rect  taxes  in  insurrectionary  states,  act 
for,  39-42 ;  of  abandoned  property,  act 
for,  79-81. 

Colonization  of  negroes,  52. 

Command  of  the  army,  166-168. 

Commerce.  See  Interstate  Commerce 
Act ;  "  Original  Package  "  Act. 

Compensated  emancipation,  resolution  on, 

34,  35- 
Confiscation  act  of  1861,  20-22 ;   of  1862, 

48-53. 

Conger,  E.  H.,  398. 

Conkling,  Roscoe,  34. 

Conspiracies,  act  to  define  and  punish  cer 
tain,  17,  18. 

Constitution.  See  Amendments;  Elec 
tions  ;  Force  Bill. 

Contract  labor  act,  330-342 ;  contract  la 
bor  and  immigration,  405-411.  See 
Immigration. 

Coolie  trade,  act  prohibiting ,  24-27. 


Correspondence  with  rebels,  act  to  punish, 

61,  62. 

Coudert,  F.  R.,  414. 
Credit,  act  to  strengthen  the  public,  215, 

216. 

"  Crime  of  1873,"  294. 
Crittenden,  John  J.,  14. 
Cuba,  recognition  of  independence  of,  422- 

424;  recognition  of  Republic  of,  423; 

blockade    of,    425.      See   Treaty   of 

Paris. 

Cullom,  Shelby  M.,  352. 
Currency,  act   suspending  reduction   of, 

183,    184.      See    Finance;     National 

Loan;  Notes. 

Davis,  Cushman  K.,  423. 

Davis,  Garrett,  45. 

Davis,  Henry  Winter,  122. 

Davis,  Jefferson,  3. 

Davis,  Noah,  238. 

Dawes,  Henry  L.,  47,  204,  372. 

Debt,  national,  act  for  refunding,  242- 

245- 
Declaration  of  war  against  Spain,  424, 

425- 

Delano,  Columbus,  169. 

Dingley,  Nelson,  423. 

Direct  taxes  in  insurrectionary  states,  act 
for  collection  of,  39-42. 

Disabilities,  political,  act  removing,  290. 

Disloyal  persons,  payments  to,  169,  170. 

District  of  Columbia,  act  abolishing  slav 
ery  in,  35-39  ;  equal  rights  in,  216,  217 ; 
franchise  in,  154,  155. 

Dolph,  Joseph  N.,  390. 

Doolittle,  James  R.,  39. 

Draft,  act  to  authorize,  68-74.  See  En 
rolment  Act ;  Militia. 

Duties,  act  for  collection  of,  4-9. 

Edmunds,  George  F.,  160,  205,  221,  317, 
319,  347,  380. 

Eight  hour  law,  203,  204. 

Election  of  representatives  by  districts, 
47,  48 ;  of  senators,  152,  153 ;  presiden 
tial,  of  1876,  308-313. 

Elections:  federal,  act  of  1870,  227- 
235 ;  supervisors  and  marshals,  241, 
242 ;  act  to  enforce  fifteenth  amendment, 
249-262;  act  to  enforce  fourteenth 
amendment,  262-268 ;  supplementary 


INDEX 


439 


act  of  1872,  291-293 ;  use  of  army  at 
the  polls,  317. 

Elective  franchise  in  the  Territories,  155, 
156. 

Electoral  count,  resolution  on,  1865,  128, 
129 ;  resolution  excluding  votes  of  late 
rebellious  states,  205,  206;  electoral 
count  act,  1877,  308-313;  electoral 
count  act,  1887,  347-352. 

Eliot,  Thomas  D.,  24,  48,  129,  147. 

Emancipation,  compensated,  resolution  on, 
34.  SSI  proclamation,  59-61. 

Enforcement  of  fifteenth  amendment,  act 
for,  227-235 ;  supplementary  act,  249- 
262;  of  fourteenth  amendment,  act  for, 
262-268. 

Enrolment  act  of  1863,  68-74;  supple 
mentary  act,  88-93;  act  of  1864,  117- 
120.  See  Draft ;  Militia. 

Equal  rights  in  District  of  Columbia, 
216,  217. 

Ex  parte  McCardle,  165. 

Expatriation,  206-208. 

Extradition  act,  214,  215. 

Fessenden,  William  P.,  18,  27. 
Fifteenth   amendment,   226;    act   to  en 
force,  227-235  ;  supplementary  act,  249- 

262. 
Finance :  act  to  provide  ways  and  means 

for  the  support  of  the  government,  62- 

68 ;   act  to  strengthen  the  public  credit, 

215,     216.      See    Bonds;     Currency; 

Legal  Tender  Notes ;  National  Loan ; 

Silver. 
Florida,  act  admitting,  to  representation 

in  Congress,  201-203. 
Foran,  Martin  A.,  339. 
"Force  bill"  of  1870,  227-235;  0/1871, 

249-262 ;  0/1872,  291-293. 
Foreign    mediation,    resolution    against, 

81-84. 

Fort,  Greenbury  L.,  316. 
Fort  Sumter,  i. 
Fourteenth  amendment,  208-210;    act  to 

enforce,  262-268. 
Fractional  currency,  65,  66. 
Franchise  in  the  District  of  Columbia, 

*54>   IS5I    in    tne     Territories,    155, 

156. 
Freedmen's  Bureau,  act  to  establish,  129- 

131 ;  supplementary  act,  147-150,  167. 


Freedom  for  negroes  in  military  service, 

56,  92,  93;  for  soldiers'  families,  132. 
Frost,  Rufus  S.,  306. 
Fugitive  slave  law,  repeal  of,  113. 
Fugitive  slaves,  article  of  war  on  return 
32. 


Garfield,  James  A.,  291,  332. 

Geneva  award,  268. 

Georgia,  act  admitting,  to  representation 

in   Congress,   201-203;    reconstruction 

of,  1869,  221-223  ;   act  for  restoration 

of,  246,  247  ;  militia,  247. 
Gilman,  Daniel  C.,  414. 
Gold  certificates,  331. 
Grant,  Ulysses  S.,  185,  219,  221,  224,  247, 

301.  332. 

Gray,  George,  429. 
Greenbacks.    See  Currency;    Finance; 

Legal  Tender  Notes. 

Habeas  corpus,  act  relating  to,  75-79; 

act  of  indemnity  ,  164-166. 
Harrison,  Benjamin,  397. 
Hawaiian  Islands,  resolution  for  annexa 

tion  of,  426-428. 

Hayes,  Rutherford  B.,  314,  317,  323,  332. 
Henderson,  John  B.,  138. 
Hickman,  John,  17. 
Hoar,  George  F.,  342. 
Holden,  William  W.,  136. 
Hooper,  Samuel,  53,  94,  294. 
Horton,  Valentine  B.,  15. 

Immigration,  act  to  encourage,  120-122; 

act  restricting    Chinese,  323-328;    act 

regarding  immigration   and  contract 

labor,  405-411. 

Impeachment,  articles  of,  184-198. 
Indemnity  for  state  war  expenses,  15  ;  for 

executive  acts,  164-166. 
Independence    of    Cuba,    resolution  rec 

ognizing,  422-444. 
Indians,  allotment  of  lands  in  severally 

to,  372-377- 

Ingersoll,  Ebon  C.,  183. 
Insurrection    at   an    end,  proclamation 

declaring,  139. 
Insurrectionary  states,  intercourse  with, 

114-117. 

International  monetary  conference,  315. 
Interstate  commerce  act,  352-371. 


440 


INDEX 


Intoxicating     liquors.     See     "  Original 

Package  "  Act. 
Issue  of  silver  coin,  resolution  for,  306, 

3°7- 

Johnson,  Andrew,  14,  135,  139,  147,  154, 
157, 161, 166, 171, 180, 200,  201, 205, 206, 
an ;  articles  of  impeachment,  184-198. 

Johnson,  Reverdy,  166. 

Kelley,  William  D.,  294. 
Kellogg,  William  P.,  291. 
Kelso,  John  R.,  184. 
Knox,  John  Jay,  294. 

Lands,  allotment  of,  in  severalty  to 
Indians,  372-377. 

Lanham,  Samuel  W.  T.,  379. 

Latin  union,  315. 

Legal  tender  notes ,  act  authorizing  issue 
of,  27-31 ;  act  forbidding  further  retire 
ment  of,  316.  See  Currency. 

Leisy  v.  Hardin,  401. 

Liliuokalani,  abdication  of,  426. 

Lincoln,  Abraham,  i,  2,  3,  5,  9,  12,  34, 
35.  48,  59-  60.  68,  75,  85,  122,  123,  128. 

Loan,  Benjamin  F.,  184. 

Loan,  act  for  a  national,  9-12;  supple 
mentary  act,  18-20. 

Lotteries.    See  Anti-Lottery  Act. 

Louisiana,  act  admitting,  to  representa 
tion  in  Congress,  201-203. 

Lovejoy,  Owen,  42. 

Maine,  destruction  of  the,  424. 

Marque  and  reprisal,  Confederate  letters 
of,  3. 

Maynard,  Horace,  45,  296. 

McCrary,  George  W.,  308. 

McKean,  James  B.,  34. 

McKinley,  William,  422,  425. 

Mediation,  resolution  against  foreign,  81- 
84. 

Militia,  act  for  calling  out,  15-17 ;  act  of 
1862,  54-56;  to  be  disbanded  in  cer 
tain  states,  167,  168 ;  of  Georgia,  Mis 
sissippi,  Texas,  and  Virginia,  247.  See 
Enrolment  Act 

Mississippi,  provisional  government  of 
213 ;  submission  of  constitution,  219, 
220;  militia,  247. 

Mitchell,  John  I.,  379. 


Monetary  conference,  international,  315. 
Mormon  church  dissolved,  385. 
Mormonism.     See  Anti-Polygamy  Acts. 
Morrill,  Justin  S.(  43,  398. 
Morton,  Oliver  P.,  221,  247. 

National  loan,  act  for  a,  9-12 ;  supple 
mentary  act,  18-20;  bank  0^,93-113; 
banks,  notes  of,  235-238 ;  debt,  act  for 
refunding,  242-245  ;  bank  currency  and 
United  States  notes,  296-301;  bank 
circulation,  bonds,  and  gold  certificates, 
328-331. 

Naturalization  act,  238-242. 

Nature  and  object  of  the  war,  resolution 
on,  14. 

Negroes,  in  military  service,  56,  92,  93 ; 
naturalization  of,  242. 

Newlands,  Francis  G.,  426. 

North  Carolina,  proclamation  appointing 
a  governor  for,  135-138;  act  admitting, 
to  representation  in  Congress,  201-203. 

Notes,  legal  tender,  act  authorizing  issue 
of,  27-31 ;  act  forbidding  further  re 
tirement  of,  316;  United  States,  and 
national  bank  currency,  296-301.  See 
National  Loan. 

Oath  of  office,  1862,  45-47;    1868,  204, 

205- 

Olney,  Richard,  414. 
" Original  package"  act,  401,  402. 
Owen,  William  D.,  405. 
Ownership  of  real  estate  in  Territories, 

377-379,  419-422. 

Paris,  treaty  of,  429-436. 

Payments  in  stamps,  act  to  authorize,  53, 

54;  to  disloyal  persons,  169,  170. 
Payson,  Lewis  E.,  377. 
Pendleton,  George  H.,  332. 
Peonage,  abolition  of,  168,  169. 
Perpetual   Emigrating  Fund  Company, 

384- 

Philippine  Islands.    See  Treaty  of  Paris. 

Plumb,  Preston  B.,  398. 

Political  disabilities,  act  removing,  290. 

Polls,  use  of  army  at  the,  317. 

Polygamy  denned,  319.  See  Anti-Polyg 
amy  Acts. 

Porto  Rico.     See  Treaty  of  Paris. 

Powell,  Lazarus  W.,  17. 


INDEX 


441 


Presidential  succession  act,  342, 343.    See 

Elections. 

Proclamation  declaring  blockade  of  South 
ern  ports,  3, 4 ;  of  emancipation,  59-61 ; 

of  amnesty,  85-88. 
Property,  abandoned,  act  for  collection  of, 

79-81. 
Provisional  governments    of    Virginia, 

Texas,  and  Mississippi,  213. 
Public    credit,    act    to    strengthen,    215, 

216. 
Purchase  of  coin,  act  authorizing,  32-33 ; 

of  bonds,  318. 

Railroad  and  telegraph  lines,  act  author 
izing  seizure  of,  22-24. 

Real  estate  in  the  Territories,  ownership 
of,  377-379.  419-422. 

Recognition  of  Cuban  independence,  reso 
lution  for,  422-424. 

Reconstruction,  proclamation  regarding, 
122-128;  Davis  bill,  124-128;  first  act, 
156-160;  second  act,  170-174;  third 
act,  179-183 ;  fourth  act,  198,  199.  See 
also  under  names  of  States. 

Redemption  and  bank  note  act,  235- 
238. 

Reduction  of  the  currency,  act  suspending, 
183,  184. 

Refunding  the  national  debt,  act  for,  242- 

245- 

Removal  of  political  disabilities,  act  for, 
ago. 

Removals  from  office.  See  Tenure  of 
Office  Act. 

Repeal  of  fugitive  slave  law,  113. 

Representatives,  election  of,  by  districts, 
47,  48. 

Republic  of  Cuba,  recognition  of,  423. 

Restoration  of  Georgia,  act  for,  246,  247 ; 
of  Tennessee,  151,  152. 

Restriction  of  Chinese  immigration,  act 
for,  323-328. 

Resumption  of  specie  payments,  301-303. 

Retirement  of  legal  tender  notes,  act  for 
bidding  further,  316 ;  of  the  trade  dol 
lar,  379,  380. 

Rights  of  American  citizens  in  foreign 
states,  206-208;  equal,  in  District  of 
Columbia,  216,  217. 

Russia,  treaty  with,  for  cession  of  Alaska, 
174-179. 


Salisbury,  Lord,  414. 

San  Domingo  commissioners,  act  for,  247- 

249. 

Schenck,  Robert  C.,  184,  215,  243. 
Scott,  Winfield,  75. 
Second  reconstruction  act,  170-174. 
Seizure  of  railroad  and  telegraph  lines, 

act  authorizing,  22-24. 
Senators,  election  of,  152,  153. 
Seward,  William  H.,  59. 
Shellabarger,  Samuel,  262. 
Sherman,  John,  94,  156,  235,  243,  294, 

301,  306,  395. 
Silver  coin,  resolution  for  issue  of,  306, 

307- 

Silver  dollar,  standard,  coinage  of,  313- 
316. 

Silver  purchase  act,  397-401 ;  repeal  of 
411-413. 

Slavery  in  District  of  Columbia,  act  abol 
ishing,  35-39;  abolition  of,  in  Terri 
tories,  42,  43 ;  thirteenth  amendment, 
139.  See  Emancipation;  Fugitive 
Slave  Law. 

Slaves  of  rebels,  freedom  for,  51,  52. 

Soldiers'  families,  freedom  for,  132. 

South  Carolina,  act  admitting  to  repre 
sentation  in  Congress,  201-203. 

Southern  ports,  proclamation  'declaring 
blockade  of,  3,  4. 

Spain,  declaration  of  war  against,  424, 425. 

Spaulding,  Elbridge  G.,  27. 

Special  laws  in  Territories,  act  prohib 
iting,  344-347. 

Specie  payments,  resumption  of,  301-303. 

Springer,  William  M.,  344. 

Stamps,  act  authorizing  payments  in,  53, 

54- 
Standard  silver  dollar,  coinage  of,  313- 

316. 

Stan  ton,  Edwin  M.,  179,  185  ff. 
State  war  expenses,  indemnity  for,  15 ; 

bank  notes,  taxation  of,  68,  note  I. 
Stevens,  Thaddeus,  9,  32,  53,  62,  75,  81, 

118,  156,  200,  201,  208. 
Suffrage.     See  Franchise. 
Sumner,  Charles,  56,  61,  82,  129, 138, 151, 

168,  216,  247,  303. 

Taxation  of  state  bank  notes,  68,  note  i. 
Telegraph  and  railroad  lines,  act  author 
izing  seizure  of,  22-24. 


442 


INDEX 


Tennessee,  restoration  o/,i$i,  152. 
Tenure  of  office  act,  160-164 ;   amended 

act,  217-218. 
Territories,  abolition   of  slavery  in,  42, 

43 ;  elective  franchise  in,  155-156 ;  act 

prohibiting  special  laws  in,  344-347; 

ownership  of  real  estate  in,  377-379, 

419-422. 
Texas,  provisional  government  of,   213; 

submission  of  constitution  of,  219,  220 ; 

militia  of,  247. 

Thirteenth  amendment,  138,  139. 
Thomas,  Lorenzo,  187-190. 
Trade  dollar,  not  to  be  legal  tender,  307 ; 

retirement  of,  379,  380. 
Treaty  with  Russia  for  cession  of  Alaska, 

174-179;  of  Washington,  268-290;   of 

Paris,  429-436. 

Trumbull,  Lyman,  20,  141,  180,  214. 
Trusts.    See  Anti-Trust  Act. 
Turpie,  David,  423. 

United  States  notes  and  national  bank 
currency,  act  regarding,  296-301. 

Utah,  election  officers  in,  321,  322.  See 
Anti-Polygamy  Acts. 

Venezuelan  message,  Cleveland's,  413- 
418. 


Virginia,  provisional  government  of,  213  ; 

submission  of  constitution,   219,    220; 

admission  to  representation  in  Congress, 

224-226;  militia  of,  247. 
Volunteers,  call  for  75,000,  1,2;   act  of 

fS6r,  12-14;  act  of 1862,  55. 
Voting.    See  Franchise. 

Wade,  Benjamin  F.,  23,  154, 155. 

War,  resolution  on  nature  and  object  of 
the,  14;  indemnity  for  State  expenses, 
15;  act  for  additional  article  of,  31, 
32;  declaration  of,  against  Spain,  424, 

425- 

Washburn,  Elihu  B.,  120. 

Washington,  treaty  of,  268-290. 

Ways  and  means  for  support  of  the  gov 
ernment,  act  to  provide,  62-68. 

West  Virginia,  act  for  admission  of, 
56-58. 

White,  Albert  S.,  34. 

White,  Andrew  D.,414. 

White,  Edward  D.,  429. 

Williams,  George  H.,  160. 

Willis,  Albert  S.,  323. 

Wilson,  Henry,  12,  35,  54,  68,  88,  132, 
168. 

Wilson,  James  F.,  45,  128,  401. 

Wilson,  William  L.,  411. 


SELECT  DOCUMENTS 

Illustrative  of  the  History  of  the  United  States 

1776-1861 

Edited  with  Notes  by  WILLIAM   MACDONALD 

Professor  of  History  in  Brown  University 


12mo  Cloth  $2.25,  net 


"  It  is  a  valuable  book  to  students  of  American  History,  and,  indeed,  to  all 
persons  who  care  to  discuss  our  present  problems  in  their  historical  bearings. 
We  can  think  of  no  public  document,  from  the  promulgation  of  the  Declaration 
of  Independence  to  the  adoption  of  the  Constitution  of  the  Confederate  States, 
to  which  frequent  reference  is  made,  which  is  not  at  least  summarized  in  this 
volume.  The  summaries,  furthermore,  whether  of  judicial  decisions,  reports, 
treatises,  messages,  or  resolutions,  are  admirably  made.  It  is  an  invaluable 
book  for  every  reference  library."  —  The  Outlook. 

"  His  aim  is  to  furnish  a  selection  of  text  available  for  class  use.  The  need 
of  such  a  collection  is  impressed  on  the  minds  of  the  teachers  of  history  in 
colleges  and  high  schools,  for  text -books  and  lectures  abound  in  allusions  to, 
or  abstracts  of,  documents  which  can  really  seem  living  only  to  those  who 
read  the  text." —  The  Nation. 

"The  recent  report  of  the  Committee  of  Seven  of  the  American  Historical 
Association  emphasized  the  importance  of  the  judicious  use  of  the  sources  as 
illustrative  material,  for  the  purpose  of  '  vivifying  and  vitalizing '  the  period 
studied.  All  progressive  teachers  must  already  have  realized  for  themselves 
the  peculiar  force  of  this  recommendation  as  applied  to  the  study  of  American 
history,  hence  they  will  welcome  Professor  MacDonald's  collection  of  docu 
ments.  The  selections  have  been  carefully  and  judiciously  made." 

—  Annals  of  the  American  Academy. 

"...  The  collection  of  documents  exhibiting  our  foreign  relations  is 
admirable.  I  do  not  see  how  the  space  could  have  been  better  utilized.  .  .  . 
The  book  is  to  be  highly  commended.  It  is  a  well-winnowed  collection  of 
useful  material  for  giving  the  air  of  reality  to  our  history." 

—  American  Historical  Review. 


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64-66  FIFTH  AVENUE,  NEW  YOBK 


SELECT  CHARTERS 

AND   OTHER   DOCUMENTS 

Illustrative  of  American  History,  1606-1775 

By  WILLIAM  MACDONALD 

Professor   of  History   in   Brown    University 


12mo  Cloth  $2.00,  net 


"  This  volume  .  .  .  supplements  the  author's  previous  work,  entitled  '  Select 
Documents  Illustrative  of  the  History  of  the  United  States,  1776-1861.'  The 
same  sound  judgment  has  been  shown  in  the  selection  and  the  editing  of  the 
state  papers,  and  the  work  is  essential  to  every  good  reference  library." 

—  The  Outlook. 

"  Professor  MacDonald  shows  good  judgment  in  his  selections,  and  his  book 
should  materially  assist  the  teaching  of  American  history.  ...  It  will  be 
a  great  convenience  everywhere."  —  The  Nation. 

"  The  work  is  a  valuable  contribution  to  historical  literature,  and  will  interest 
all  students  of  American  history."  —  The  Green  Bag. 

"  Exceedingly  valuable.  The  editor  has  placed  students  of  American  history 
under  deep  obligation  to  him."  —  Albany  Law  Journal. 

"It  has  hitherto  been  exceedingly  difficult  to  obtain  copies  of  important 
documents  bearing  upon  the  colonial  history  of  this  country  and  their  presen 
tation  in  the  form  of  a  single  book  is  much  to  be  commended.  ...  A  very 
readable  work."  —  The  American  Lawyer. 


THE   MACMILLAN   COMPANY 

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HET'D  MAY  A    1967 


LIBRARY,  UNIVERSITY  OF  CALIFORNIA,  DAVIS 

Book  Slip-50m-12,'64(F772s4)458 


360641 


MacDonald,  W. 
Select  statutes, 


E173 
M33 


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UNIVERSITY  OF  CALIFORNIA 
DAVIS 


888888 


